Assisted Decision-Making (Capacity) (Amendment) Bill 2026: Second Stage
Seanad Éireann — 2026-03-26
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Margaret Murphy O'Mahony (FF), Labour Panel

No better man.
Cuirim fáilte roimh an Aire Stáit. I welcome the opportunity to speak on the Assisted Decision-Making (Capacity) (Amendment) Bill 2026. Fianna Fáil welcomes this debate and supports the Bill. This legislation is narrow in scope but vital in its purpose. It addresses a serious and imminent issue arising from the Assisted Decision-Making (Capacity) Act 2015, which, following its commencement on 26 April 2023, required that every adult ward of court have their capacity reviewed within three years, that is, by 26 April 2026. While significant progress has been made across the Courts Service and the decision support structures, the reality is clear: not all wards have yet had their capacity reviewed. This is not due to a lack of effort or commitment but reflects the complexity and sensitivity of these cases, many of which involve individuals whose needs are profound. Without legislative action, we would face legal uncertainty for hundreds of people still in wardship who will not receive a capacity declaration by the statutory deadline. Today's Bill provides the essential safeguards needed to protect their rights and ensure legal continuity.
The core purpose of the Bill is straightforward: it allows the wardship court to extend the period for making a capacity declaration where good reason exists and where meeting the 26 April 2026 deadline is simply not possible. Importantly, the court will retain full discretion to determine what is necessary and proportionate in each case. A single extension may be granted, and in exceptional circumstances a further extension can be approved. These extensions, however, are strictly time-bound. All adult wards must have a capacity declaration no later than 25 October 2027. This ensures both flexibility and certainty.
The Bill also deals with another important group: those who will turn 18 shortly before or after the deadline. As practice has shown, six months is often not enough time to gather appropriate evidence to make a capacity declaration for young people transitioning from childhood wardship to adult arrangements. To address this, the Bill gives the court discretion to extend the deadline for these young adults as well, again with a clear maximum of 18 months.
It is worth remembering the broader reform we are continuing here. The 2015 Act and its 2022 amendments marked the end of adult wardship in this State and established a modern, rights-based system of tiered decision supports. This was not merely an administrative change but a transformation grounded in autonomy, dignity and compliance with the UNCRPD and the European Convention on Human Rights, ECHR. It was a reform long sought by disability advocates, safeguarding groups, civil society and many former wards and their families. The Courts Service has been working intensively to meet the statutory deadlines, listing all remaining wardship matters, appointing legal representation and issuing legal aid certificates. Progress is being made, and this Bill ensures that progress is lawful, orderly and, above all, fair.
At the heart of this Bill is a simple principle: nobody should be left in legal limbo when the State has committed to ending wardship. These amendments provide clarity, protect rights and uphold the integrity of the transition to the new decision support framework. For these reasons, Fianna Fáil supports the Bill, and I look forward to constructive engagement as it progresses.

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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