I welcome the opportunity to speak on the Bill. I want to acknowledge the work undertaken by the Department and the Courts Service to brief members of the disability matters committee on this legislation. We were provided with two detailed briefings to help us understand both the operational process involved in discharging wards of court and the urgency of the legislative amendment before us, with the 26 April deadline looming. Those briefings were helpful in outlining the scale of work under way and the practical challenges involved in transitioning a significant number of cases through the court system. It was on the basis of the briefings and the clear urgency involved that the committee recognised the need to grant a waiver on pre-legislative scrutiny for this Bill. Pre-legislative scrutiny is a very important part of the legislative process. However, in this case it was made clear to us that the amendment is time-sensitive and necessary to avoid legal uncertainty for vulnerable individuals and therefore, the committee was satisfied that a waiver was appropriate. The starting point for this legislation is the Assisted Decision-Making (Capacity) Act 2015, which represented one of the most important reforms of disability law in the State in many decades. The Act abolished the historic wardship system for adults. This was a system rooted in the Lunacy Regulation (Ireland) Act 1871, and replaced it with a modern, rights-based framework for supported decision making. That reform represented a significant cultural and legal shift. For many years, the wardship system operated largely through a medical model of disability, where individuals deemed to lack decision-making capacity could have decisions made on their behalf by the court. The 2015 Act moved Ireland towards a social and rights-based model, recognising that many people may require support to make decisions rather than having their legal capacity removed entirely. The legislation places emphasis on the will and preferences of the person, ensuring that individuals are supported to exercise their autonomy wherever possible. Under the Act, the Decision Support Service, DSS, was created and tiered decision support arrangements were established. The decision-making assistance agreement supports people to make their own decisions by helping them get information, understand it and then make decisions. There is also a co-decision making agreement where the person chooses somebody they know and trust to be their co-decision maker and they make specific decisions jointly. In the case of a decision-making representation order, the Circuit Court appoints a decision-making representative to make decisions on the person's behalf. These reforms were an important step in bringing Ireland closer to compliance with the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD, which recognises that persons with disabilities have the right to legal capacity on an equal basis with others. The Assisted Decision-Making (Capacity) (Amendment) Act 2022 commenced in April 2023, beginning the process of transitioning individuals currently in the wardship into the new decision support framework. Under the legislation, the High Court sitting as the wardship court must review the case of every adult ward and make a declaration regarding their decision-making capacity within three years of commencement. This means that the statutory deadline for completing these capacity declarations is 26 April this year. However, since commencement important progress has been made, with 399 wards having been fully discharged. Some 38 of those individuals require no decision-making support, 40 require co-decision-making agreements, and 313 were discharged with decision-making representatives. However, despite the considerable work undertaken by the Courts Service, the Judiciary, DSS and legal representatives, the reality is that current figures indicate that approximately 1,050 wardship cases are currently outstanding. Discharge applications are progressing, but the scale and complexity of this process means that it will not be possible to complete every capacity declaration before the statutory deadline in just 53 days. This creates a serious legal issue as the 2015 Act does not provide for the legal status of individuals who remain wards of court if a capacity declaration has not been made by that deadline. Without legislative intervention, individuals could find themselves in the position of legal limbo or uncertainty after 26 April. Such uncertainty could create serious difficulties for the individuals concerned, as well as for their families, carers and service providers. Questions could arise regarding who has legal authority in relation to their welfare, financial affairs or decision concerning their care. For that reason, the legislation before us is necessary and urgent. The Bill addresses these issues while preserving the core intent of the original Act. Importantly, the Bill does not extend or change the statutory deadline of 26 April 2026. Instead, it provides the wardship court with discretion to extend the time frame for making a capacity declaration in individual cases where there is good reason to do so and where it is in the interests of justice. This extension will operate on a case-by-case basis, ensuring that the court retains oversight and that each situation is considered carefully. A further extension may be granted in exceptional circumstances, but there is a clear outer limit. The total period of any extension or extensions cannot exceed 18 months meaning that every affected ward must have a capacity declaration no later than 25 October 2027. This approach reflects a careful policy balance in considering how best to address the issue. Three policy options were examined and these were outlined to us very clearly in our briefings. The first option was to do nothing, which would leave individuals without legal clarity after the deadline. The second option was to extend the statutory deadline. However, that option carried risks, including the potential for legal challenges, and advocacy groups are concerned that such a move could undermine the commitment to ending warship. The third option, and the one reflected in this Bill, maintains the statutory deadline but allows the court to manage cases through limited proportionate extensions, where required. This option provides legal certainty for individuals while allowing the transition away from wardship to continue in an orderly and structured manner. It also avoids disrupting the significant work under way in the courts. While the amendment is necessary, it is also important that we view it as a practical operational measure rather than a slowing down of the reform process. The transition away from wardship remains an important rights-based reform and we must continue to ensure that the remaining cases progress as efficiently as possible. I am conscious that some families and carers have expressed confusion about the process of discharge from wardship and what that will mean in practice. Valuable information has been made available to organisations such as Citizens Information, the DSS and Family Carers Ireland, which launched the CarerAid Project. In my own locality, I found some really good documents published by the Western Care Association as well. However, we must continue to ensure that clear, accessible information and practical supports are available to wards so that individuals and their families fully understand the process and options available to them. I understand that the Department had a consultation event this Monday for wards, families, committees and wider stakeholders at which issues with the discharge process were discussed. We must ensure that the needs, wishes and rights of the individuals concerned remain at the centre of the process. I understand that the Office of Wards of Court was represented, along with DSS and the Legal Aid Board. I also understand that the Minister is willing to put on more of those events if they are helpful. Many wards of courts are people with intellectual disabilities who are being supported by their families or organisations like the Western Care Association in Mayo. The move away from wardship represents an important step in recognising the autonomy and dignity of people who require decision-making support. This autonomy can include deciding where they will live or having some input or autonomy over who will take care of them. We are living longer now and many of in this room will likely get a diagnosis of dementia or Alzheimer's and it will most likely be our family members who will become our decision supporters. Under the old system, once a person became a ward, they lost all of their legal capacity whereas now they will retain autonomy and continue to participate in decisions about their own life. The new system is designed to support the voice of the person for as long as possible. This amendment ensures that the transition to the new framework can continue fairly, lawfully and without placing individuals in legal uncertainty. For those reasons, I support the Bill and I look forward to its progression through the House.

Sentiment score: 0.31