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Submissions sought on ‘challenging and disruptive’ act
Pic: Pixabay

21 Dec 2021 / legislation Print

Submissions are sought on ‘challenging, disruptive’ act

An open call for submissions on the Assisted Decision-Making (Capacity) (Amendment) Bill 2021 has been issued by the Joint Committee on Children, Equality, Disability, Integration and Youth.

Described by solicitors as a ‘challenging and disruptive’ piece of legislation, the act seeks to change the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.

It will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871.

The committee is inviting written submissions from members of the public, stakeholders and interested parties.

Wardship

Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over three years from the date of commencement of the act.

The act is chiefly the responsibility of the Minister for Children, Equality, Disability, Integration and Youth, following the transfer of equality functions from the Department of Justice in 2020.

The General Scheme of the Bill was referred to the Joint Oireachtas Committee on Children, Disability, Equality and Integration for pre-legislative scrutiny in November 2021.

The committee has been asked to give the proposed bill priority consideration so that the 2015 Act can be amended and commenced by the June 2022 deadline.

Safeguards

The proposed legislation  Assisted Decision-Making (Capacity) (Amendment) Bill 2021, will make amendments improving processes and safeguards for those who will make use of the new decision-making supports.

The committee is inviting written submissions from members of the public, stakeholders and interested parties.

The closing date is 1pm on Monday, 17 January and submissions may be made online.

Gazette Desk
Gazette.ie is the daily legal news site of the Law Society of Ireland