Legislation

Legislative reform was raised in four submissions (NDA; NFVSP; DFI; Leap). The NFVSP recommended that the SoS should commit to a review of the Disability Act 2005 and EPSEN Act 2004, in light of the UNCPRPD, and ensure “that legislation relating to children and young people is fit for purpose”. They also recommended that “adult safeguarding legislation” be introduced, to help protect the safety and well-being of people with disabilities. The NDA and Leap echoed calls for a review of the Disability Act (with the NDA referring to the Ombudsman for Children’s recommendation in this regard).

The NDA also suggested that the DCEDIY will now be responsible for the development of proposals to reform mental health legislation “to align it with the Assisted Decision-Making (Capacity) Act and the Expert Group report on Review of the Mental Health Act 2001”. The CIB suggested that the Assisted Decision-Making (Capacity) Act “will have implications for the Department in relation to the provision of decision-making supports to people with different levels of decision-making capacity”. According to the NVSP, the Act, when commenced in full, will support “a focus on rights and on the person’s will and preference”. The DCEDIY will be responsible for implementation, developing the codes of practice, providing training and awareness raising campaigns.