To ask the Minister of Health to detail (i) any steps he is taking to ensure the framework for Enduring Powers of Attorney aligns effectively with the Mental Capacity Act (Northern Ireland) 2016, particularly in cases where both financial and health decisions are required; and (ii) any discussions he has had with the Minister of Justice in relation to the introduction of health and welfare powers like those in the Lasting Powers of Attorney system in England and Wales.

While the Office of Care and Protection administers Enduring Powers of Attorney, the substantive law contained in the Enduring Powers of Attorney (Northern Ireland) Order 1987 is the responsibility of the Department of Finance. Any review of the 1987 Order would be a matter for the Minister of Finance to consider in conjunction with relevant stakeholders.

Lasting Powers of Attorney are provided for in Part 5 of the Mental Capacity Act (Northern Ireland) 2016 (MCA), which has yet to be commenced. While the commencement power rests with my Department, commencement is dependent upon other provisions in the MCA, which are the responsibility of the Department of Justice, in particular Part 7, which provides for the appointment of a Public Guardian.

Officials in my Department are currently working collaboratively with officials in the Department of Justice, as part of a joint project team, to commence a programme of work to identify the actions, resources and time required to allow for commencement of these and the other remaining provisions of the MCA. The development of a costed implementation plan will help inform future decisions regarding future commencement of the MCA.