Dáil Éireann Debate, Tuesday - 14 July 2026
650. Deputy Barry Heneghan asked the Minister for Children, Disability and Equality whether any review of the Assisted Decision Making Capacity legislation and the policy on congregated settings is currently underway, particularly in relation to the impact on families seeking appropriate residential placements for persons with intellectual disabilities; and if she will make a statement on the matter. [52677/26]
Amharc ar fhreagraThe Assisted Decision-Making (Capacity) Act 2015, which commenced in 2023, marked a landmark reform of Ireland’s capacity laws, bringing the state into much closer alignment with the United Nations Convention on the Rights of Persons with Disabilities. The 2015 Act represents an important shift away from a ‘best interests’ approach to a rights-based approach to capacity, privileging a person’s will, preferences and autonomy. As a reform it was long called-for by disability groups, safeguarding groups, civil society, wards of court and their committees, and was welcomed as a significant step towards promoting choice, autonomy and dignity.
The 2015 Act provides for a review of its operation and effectiveness within 5 years of commencement. This is also a commitment in the current Programme for Government. The Department intends to commence this review in 2026.
I appreciate the role of many parents and families as strong advocates and supporters of adults with diminished capacity. In that regard robust engagement and consultation with a wide range of stakeholders, including those with a lived experience of the Act, parents and families, will be central to the review.
The Department is undertaking research and progressing policy development throughout 2026, with a view to developing a new policy framework for specialist residential services. The policy development process will consider a range of matters relevant to specialist residential services including models of service.
Article 19 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) states that all individuals have the right to live independently and be included in the community, it is an equal right of all persons to live in the community and have choices equal to others. Article 19(c) states that all individuals must have the opportunity to choose their place of residence and where and with whom they live, they are not obliged to live in a particular living arrangement such as a residential institution.
In line with the UNCRPD and the Transforming Lives Policy, Disability Services are being reformed, developed and reconfigured to support and enable people with disabilities to live in their own homes and communities, through services, supports and environments designed and adapted as necessary to meet their needs. Time to Move on from Congregated Settings – A Strategy for Community Inclusion was established under the Transforming Lives Programme. It is a model of support where people with disabilities, if they wish, are supported to move from congregated settings, often large institutions to their own homes in the community, with the supports they need.
Time to Move on from Congregated Settings is progressing and continues to demonstrate very positive results for service users who have transitioned to living in homes in community settings.
HIQA continue to advise of their findings that residents have a much better quality of life in a community-based settings compared to a congregated setting. Generally, a community-based setting means that residents live with a smaller number of people and have more control and choice over their daily routines.
This Government recognises that the implementation of this policy must take place in a context where demand for residential services is increasing significantly, including for adults with disabilities who are living with ageing carers. Decongregation cannot be pursued in isolation and must be accompanied by the expansion of other disability supports such as residential, respite, home support and personal assistance, so that people can access the right support at the right time and, where possible, before a crisis arises.
Increasing the provision of disability services is a key priority for this Government and the Department of Children, Disability and Equality, alongside the HSE, is continuing to work to increase provision in order to assist those who are most vulnerable in our society, and who urgently require services.
