Assisted Decision-Making (Capacity) (Amendment) Bill 2026: Second Stage Seanad Éireann — 2026-03-26 ============================================================ Emer Higgins (FG), Dublin Mid-West The last time I was here I gave some of my time to Members, so I look forward to collaborating. I am pleased to have the opportunity to present the Assisted Decision-Making (Capacity) (Amendment) Bill 2026 to Seanad Éireann following its passage through the Dáil. This Bill is urgent legislation intended to ensure legal certainty for wards of court who are moving to a decision-making process as set out in the Assisted Decision-Making (Capacity) Act 2015. In that regard I very much appreciate the co-operation of the Seanad in allowing all Stages to take place today, which I know Senators are doing in recognition of the need to progress this Bill in as timely a fashion as possible, and I look forward to having the opportunity today to listen to their views and concerns. The Assisted Decision-Making (Capacity) Act is hugely important legislation which transforms how people are supported where they may not have capacity. The Act prioritises the specific needs and wishes of the individual and it represents an important milestone in bringing Ireland into closer compliance with the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD. The Assisted Decision-Making (Capacity) Act 2015 replaced the wards of court system with a new rights-based model for appointing tiered decision support arrangements. Since the commencement of the Act in 2023, wards of court have been moving out of wardship. To the end of February, 391 wards have been fully discharged but some 1,000 remain in wardship awaiting discharge. That is what brings us to today. Under section 55(1) of the Act, the High Court - or wardship court as it is referred to under the Act - is required to make a capacity declaration in respect of every adult ward of court. As it currently stands, these capacity declarations must all be made by the statutory deadline of 26 April this year. This capacity declaration is a key step in the discharge from wardship process and it requires the person carrying out a capacity assessment to have met the ward and made a report to the court. The 2015 Act does not provide for a situation where a capacity declaration will not have been made in respect of adult wards within the timeframe allowed. Urgent legislative amendments are required, therefore, to avoid legal uncertainty for the large number of wards who will not receive a capacity declaration before the deadline, which could create complications with important matters such as their care and treatment, provision of services and placement of people in facilities also. The Bill aims to ensure that the transition from wardship is done in a fair and orderly manner, and to provide for as much legal certainty as possible in individual wardship cases. I will now turn to the detail of the Bill. It is divided into two sections and I will outline its key provisions. The Bill amends the Assisted Decision-Making (Capacity) Act 2015 to enable the wardship court to extend, in certain circumstances, the time period for making a capacity declaration under section 55(1) of the 2015 Act. Section 1 of the Bill amends section 54 of the 2015 Act by the insertion of two new subsections to give the wardship court the discretion to extend the time periods set out in section 54(2) or section 54(3) for making a capacity declaration under section 55(1) in individual wardship cases in certain circumstances. The first new subsection, 54(2A) provides for an extension for the time period set out in section 54(2) for making a capacity declaration under section 55(1) in relation to an adult ward in certain circumstances. This subsection will allow for an extension for such period as the wardship court considers necessary and proportionate in the circumstances where the court is satisfied that good reason has been shown that the statutory deadline of 26 April 2026 will not be met, and where it is also in the interests of justice to grant the extension. Subsection 54(2A) will also allow for a further extension in exceptional circumstances, provided that a further extension is also in the interests of justice. The outer limit for any extension of time will be 18 months, or until 25 October 2027, whichever is the earlier. The second new subsection, subsection 54(3A), provides for an extension to the timeline set out in section 54(3) for making a capacity declaration, in certain circumstances, in relation to wards who reach the age of 18 after 26 October 2025. This subsection will allow for an extension for such period as the wardship court considers necessary and proportionate in the circumstances where the court is satisfied that good reason has been shown that the statutory deadline for making a capacity declaration will not be met in an individual case, and where it is also in the interests of justice to grant the extension. A further extension will be permitted in exceptional circumstances, provided that this is also in the interests of justice. Again, the outer limit for any extension of time in respect of wards who reach the age of 18 after 26 October 2025 will be 18 months. Section 2 of this Bill is a standard provision which sets out the Short Title. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-03-26/debate/main Retrieved: 2026-08-14T04:54:47+00:00 Sitting date: 2026-03-26