A “GROUNDBREAKING” NEW service that will help adults who require assistance with decision-making has been launched by the Government.
The Decision Support Service, provided through the Assisted Decision Making Act, will serve as many as 220,000 people in Ireland and it is estimated that one in every two adults will interact with the service in their lifetime.
The Mental Health Commission says that the people who may avail of the service include those with intellectual disabilities, an acquired brain injury, mental health difficulties or dementia.
Taoiseach Leo Varadkar described the service as “progressive and far-reaching” and said that it will “benefit many people, particularly those who experience challenges in terms of their needs or decision-making abilities”.
The director of DSS, Áine Flynn, said that the Assisted Decision Making Act was critical to implementing the service and ensured that Ireland was compliant with the United Nations Convention on the Rights of Persons with Disabilities.
“Every adult is presumed to be able to make their own decisions and should be supported to do so,” Flynn added.
The service will operate under the Mental Health Commission and will help to protect and uphold people’s right to make their own decisions.
The act coming into effect ushers in a range of important changes, including the abolition of wardship over a three year period.
This means that over 2000 people currently classified as ‘wards of court’ will have their circumstances reviewed by the wardship court and will exit wardship over a phased basis.
Minister for Disability Roderic O’ Gorman celebrated the fact that on this “historic day”, “we can 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,” O’ Gorman added.
The Decision Support Service will from today be able to process applications for new decision support arrangements, and the circuit court will be able to process applications for decision making representative orders, and there will be statutory provision for the making and recognition of Advance Healthcare directives.
The commencement of the act will also see the minimum target for the number of disabled people in employment will be raised from 3 to 6% on a phased basis by 2025.
Minister Anne Rabbitte welcomed the new employment target, and the end of wardship:
“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 disabled people,” she said.
The Assisted Decision Making Act, published in 2015, was hailed as a “historic moment” after it repealed the Lunacy Regulations Act, which has been on Ireland’s statute books for 144 years.
Safeguarding Ireland, a support group who promote the safeguarding of vulnerable adults from abuse, welcomed the new laws being introduced, and encouraged the public to “get informed”.
The 2015 law brought in safeguards and reform to the 1871 law, relating to people who require or may require assistance in a decision-making capacity, whether currently or in the future.
The 1871 law used to work “lunatic” to describe anyone “of unsound mind”.
Chairperson of the Mental Health Commission, Dr John Hillery, said the commencement of the act was “wonderful to welcome” and that many don’t get the opportunity to remove such laws which could have long-lasting effects on certain citizens.
Chairperson of Safeguarding Ireland, Patricia Rickard-Clarke, said that Ireland has “good laws” but “now we need to change”.
“The public and professionals need to get informed and put these laws into practice. Doing so will prevent and reduce adult abuse and uphold our rights,” she added.
Dr Hillery said, “Supports provided for and monitored by the DSS will ensure that people are afforded the fundamental human right to make their own decisions as far as possible about their personal welfare, property and affairs with the appropriate supports for those who need them,”
The Law Society of Ireland said they are “encouraged by Minister for Justice Simon Harris and Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman for their leadership in this area,”.
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