Pringle calls delay in commencing assisted decision-making capacity act ‘unacceptable’
- Updated: 22nd February 2023
Independent TD for Donegal, Thomas Pringle, has urged Government to set a date for commencement of reforms to assisted decision-making capacity legislation, calling the delay, “utterly unacceptable”.
Addressing Minister Roderic O’Gorman in the Dáil today, Deputy Pringle said: “Minister, it is over a year since the rushed, two-day pre-legislative scrutiny process of the General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021 took place.” He said the bill became the 2022 Act when it was signed into law by President Michael D. Higgins on December 17th.
Deputy Pringle said: “So, you would think that by now, almost March 2023, people would be realising their rights to have presumed capacity and decision supports rather than decisions being made for them or being made wards of court. You would think that. But unfortunately it would not be true because we are still waiting for full commencement of the amendment Act and the 2015 Act. I think that’s utterly unacceptable.”
The deputy raised the issue today during Topical Issues.
He noted that eight years ago the Assisted Decision-Making (Capacity) Act 2015 was signed into law. The 2015 Act was to make Ireland compliant with human rights obligations in Bunreacht na hÉireann as well as in international conventions, he said.
Deputy Pringle said: “Older people, disabled people and all people with decision-making support needs waited patiently for full commencement and they are still waiting.” In March 2018, the Dáil passed the motion for ratification of the UN Convention on the Rights of Persons with Disabilities.
The deputy said: “So, we are coming up to the fifth anniversary of ratification; it is eight years since the original Act was passed, but people are still being taken into wardship; people are still not having their will and preferences respected; people are still left in limbo about knowing when this legislation will come into effect. How is that fair, Minister?
“That is not to say that the legislation is perfect and is fully UNCRPD-compliant and human-rights compliant – it certainly isn’t. Opposition put forward many amendments last year to try and improve the legislation,” he said.
Deputy Pringle said: “I’m asking today when the Acts will be fully commenced; for you to give a date at some point in the near future that will allow for everyone to prepare for the changes coming. But, I’m also asking why this is taking so long when the Government had self-imposed, tight timeframes.”
The deputy said: “We’ve seen across all Government departments that large parts of acts that have been rushed and have been passed sit uncommenced for years, and that’s just wrong and I’d be afraid that this could happen as well.”
In his response, Minister O’Gorman said he wanted to see the system operational and fully running, and said he believed he would have a date for commencement in the next two or three weeks.
Citing Opposition concerns that the bill does not go far enough, Deputy Pringle said: “In order to see how this operates we need it all enacted, we need people to be able to avail of the services and see what they can actually get in relation to it.”
