From Department of Children, Equality, Disability, Integration and Youth
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The Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, Minister for Health, Stephen Donnelly, Minister for Justice, Simon Harris, Minister of State for Disability, Anne Rabbitte, and Minister of State for Mental Health and Older People, Mary Butler, have today announced the commencement of the Assisted Decision-Making Acts, the operationalisation of the Decision Support Service, the introduction of a new system of decision-making supports, and the abolition of wardship.
The announcement follows the signing of commencement orders by Minister O’Gorman and Minister Donnelly giving effect to the Assisted Decision-Making (Capacity) Act 2015 and the Assisted Decision-Making (Capacity)(Amendment) Act 2022.
The commencement of both Acts replaces the wards of court system with a new, progressive, rights based system of supported decision-making. A number of regulations have also been signed into law to support the full operation of the Acts.
From today:
Further information on the operation of the new system, and the specific roles of different decision supporters, can be found on the Decision Support Service website.
The commencement of both Acts also provides for key measures related to further compliance with the United Nations Convention on the Rights of Persons with Disabilities.
This includes raising of the minimum target percentage of people with disabilities to be employed in the public sector from 3% to 6%, on a phased basis, by 2025.
Reflecting on the commencement of both Acts Minister O’Gorman stated:
“This is a historic day for Ireland, when we can finally leave behind the wardship legislation of 1871. So many families in this country have experience of someone who has some form of capacity difficulty, whether that be temporary or longer term, whether it be related to illness, impairment, or ageing. Today’s commencement ensures that, to the greatest extent possible, people who experience diminished capacity are supported to retain control over their own decision-making.
"The commencement of this legislation is long overdue, and propels Ireland away from a paternalistic approach to decision-making, and towards a system where the rights of individuals are supported and respected.
"The operationalisation of the Decision Support Service will play a key role in the delivery of decision supports provided for under the legislation, and I wish Áine Flynn and her team the very best in the critical work to come.
"I am also pleased that today’s commencement furthers Ireland’s international commitments under the United Nations Convention on the Rights of Persons with Disabilities. This government is committed to continual advancement in terms of rights under the Convention, and today’s announcement is a landmark step in that regard. I am particularly pleased to be able to double the minimum target for people with disabilities being employed in the public sector here in Ireland.”
Minister of State for Disability, Anne Rabbitte, welcomed the commencement of the legislation, and added:
“This is a huge step forward for the country, and I am delighted to see the Decision Support Service begin operations. It’s a great day for everyone to see the end of wardship in the state, but particularly for wards of court and their families, who have long awaited this day. This is a real tangible advancement for the rights of everyone in Ireland. Not only are we getting rid of the archaic wardship system, but we are also seeing a range of new decision supports to assist people experiencing diminished capacity.
"I am very pleased to also see the advancement of new public sector employment targets, which will provide fantastic opportunities to help persons with disabilities to live more independently, and have the means to participate more fully in society.”
Focusing on healthcare provisions contained in the Act, Minster Donnelly also welcomed the legislation stating:
“Our focus is on patient centred care, even in circumstances where people no longer have the capacity to make important decisions about their treatments. I welcome the commencement of this important legislation which provides legal provisions for the making and recognition of advance healthcare directives. An advance healthcare directive enables a person to be treated according to their will and preferences, by providing healthcare professionals with important information about the person in relation to their treatment choices. It also allows people to appoint a designated healthcare representative to take healthcare decisions on their behalf, where they no longer have the capacity to make those decisions.”
Commenting on the legislation, Minister Harris reflected:
“I very much welcome the commencement of this significant legislation, which will put in place a new system to support people who may experience diminished capacity to make decisions about their lives.
“To support implementation, the government recently agreed to nominate three additional judges to the Circuit Court.
“My department has also allocated additional funding to the Courts Service and the Legal Aid Board to aid in the rollout of the new system.”
Minister of State for Mental Health and Older People, Mary Butler, added:
“This important legislation will support and empower people to make decisions about their lives, including their care and treatment. These new measures provide protections for those experiencing diminished capacity such as from mental health difficulties or cognitive impairment such as dementia. The launch of the DSS will ensure that people can be supported to make decisions regarding their own treatment. Importantly, in circumstances where someone has lost their capacity, their will and preference will then be the guiding consideration in any decisions made on their behalf.”
From today, instead of being made wards of court, people will be able to avail of a tiered range of decision support options:
The Decision Support Service (DSS) will operate the progressive provisions of the Assisted Decision-Making (Capacity) Act. It is now fully operational and will be in a position to accept applications for decision support arrangements from 26 April.
Further information on the operation of the new system can be obtained from the Decision Support Service on the DSS website.
Applications for decision support arrangements will be made by engagement with the Decision Support Service, with the exception of applications for Decision-Making Representatives which must be made through the Circuit Court.
Once a decision supporter is appointed, the DSS will have oversight responsibility for decision support arrangements.
Changes are being introduced to the process for making an Enduring Power of Attorney (EPAs). EPAs created under the 1996 Act will remain in force but it will only be possible to create new EPAs under the process set out in the Assisted Decision-Making Acts. This is a new two-stage process which avoids costly referrals to the High Court.
Over 2000 wards of court currently exist in the State, and each will have a review of their circumstances undertaken by the wardship court. Under the legislation wards of court will exit wardship on a phased basis over the next three years.
Measures included in the 2022 Amendment Act to further compliance with the United Nations Convention on the Rights of Persons with Disabilities include: