Public Consultation Process

What were the public consultations about?    

The public consultations gave an opportunity to provide feedback on the draft codes of practice. There was a separate consultation for each of the fourteen draft codes of practice. You could respond to as many consultations as you wish.  

When was the public consultation open?  

Public consultations took place in two phases.    

Phase 1 took place from 15 November 2021 until 7 January 2022.   

Phase 2 took place from 10 January 2022 until 18 February 2022. 

How will we use your feedback?   

We will carefully assess all feedback we receive and take it into account when finalising the codes of practice.  

When will the final codes of practice be published?  

We intend publishing the final codes of practice, with Ministerial approval, before the Decision Support Service opens in mid-2022 when the 2015 Act is fully commenced.    

What are codes of practice and how should they be used?  

Codes of practice are sets of written rules which define how persons or bodies must act in given situations. These draft codes of practice are designed to assist those who have statutory obligations under the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) as well as all those who may be called upon to provide assistance to a person with decision-making capacity challenges.  

 Who wrote these draft codes of practice?  

The National Disability Authority was appointed by the Department of Justice to write non-healthcare codes and worked with a number of expert groups to produce these drafts. Under Part 8 of the Act, the Minister for Health appointed a multi-disciplinary working group led by the HSE Human Rights and Equality Policy Office. We have reviewed these drafts and revised the codes to reflect anticipated amendments to the Act that are available to us at this time.