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MHC welcomes start of assisted decision-making act

Minister for Children, Equality, Disability, Integration and Youth Roderic O'Gorman said the introduction of a new system of tiered decision-making supports would begin in April
Minister for Children, Equality, Disability, Integration and Youth Roderic O'Gorman said the introduction of a new system of tiered decision-making supports would begin in April

The Mental Health Commission has welcomed the announcement that the Assisted Decision-Making Capacity Act 2015 will start in April.

Under the provisions of the 2015 Act, the remit of the Mental Health Commission was extended to include the establishment of the DSS.

The Act will lead to the abolition of the wards of court system for adults under the Lunacy Regulation (Ireland) Act of 1871 and the discharge of adults from wardship within three years.

Wardship, which has long been recognised as a blunt instrument, will now be replaced by a new graduated framework of supports aligned to a person's need.

The Act provides a legal basis for people who may have difficulty with their decision-making capacity.

There will be regulated system that will match people with support that meets their needs.

Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman and Minister of State for Disability Anne Rabbitte announced that the abolition of wardship, the operation of the Decision Support Service and the introduction of a new system of tiered decision-making supports would begin in April.

It means that from 27 April this year the Decision Support Service will be able to process applications for new decision support arrangements.

In a headline measure, according to the ministers, the act will raise 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.

Mr O'Gorman said the scale of the reform could not be overstated, while Ms Rabbitte described it as "a significant advancement for the rights of everyone in Ireland".


Read more: What's the new legislation on assisted decision-making about?


The Director of the new Decision Support Service, Áine Flynn, welcomed the announcement by the Minsters.

She said many people had been waiting on the service and they could justifiably celebrate knowing "there is a definite date to start the new service".

"The DSS is ready to open its doors and we look forward to beginning to help people access the new service and all of the supports set out under the act," Ms Flynn said.

Full commencement of the 2015 Act is part of Ireland's obligations under the United Nations Conventions on the Rights of Persons with Disabilities.

The primary focus and intent of the act is to support all persons to make their own decisions as far as possible.