AQW 45325/22-27

Mr Philip McGuigan
Sinn Féin
North Antrim

Tabled Date: 01/05/2026
Answered On Date: 19/05/2026
Priority Written: No

Question:
To ask the Minister of Health to detail an overview of the phased implementation of the Mental Health Capacity Act (NI) 2016, including when full implementation is expected.

Answer:

The Mental Capacity Act (Northern Ireland) 2016 (MCA) has been implemented in a phased approach. Phase One commenced between October and December 2019, with the most notable provision being the introduction of the Deprivation of Liberty Safeguards, a new statutory process for Deprivation of Liberty (DoL). The provisions now in effect cover deprivation of liberty, research, and money and valuables, while work continues with stakeholders to progress the implementation of further provisions.

There are currently no indicative timings for full commencement of the MCA. However, my Department has been working collaboratively with Department of Justice officials with a view to better understand the impact, implications and costings of full MCA implementation, as well as understand any benefits or risks involved with how that may be approached. This will inform future Departmental decision making.