Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move amendment No. 313:

In page 73, to delete lines 10 to 12 and substitute the following:“(ii) the guidance of persons referred to in section 53(1) (including healthcare professionals who are likely to be such persons);”.

This amendment indicates that guidance would be prepared for all persons who might be in a position of taking a decision either formally or informally on personal welfare matters on behalf of a person with capacity difficulties. This would include health care professionals, social care workers, community workers, neighbours, families and friends. The categories of persons for whom guidance is to be prepared has been kept deliberately broad to ensure that the widest possible range of potential decision-makers is included within the amendment.

On amendment No. 314, tabled by Deputy Anne Ferris, I think we are both broadly in agreement as to the need for guidance for people undertaking roles, either formally or informally, in relation to persons with capacity difficulties. I consider that amendment No. 313 addresses Deputy Ferris's concerns. There are some issues with Deputy Ferris's formulation. I do not think that health care professionals can be described as informal carers. Furthermore, Deputy Ferris's amendment is restricted to family members or informal carers. My amendment goes further to encompass any person who undertakes a role under section 53(1). For this reason I cannot accept Deputy Ferris's amendment.

Amendment No. 315 proposes to provide for codes of practice to be produced for further categories of people who are likely to be involved with people with capacity issues. We are proposing that codes of practice would be produced to guide advocates when acting on behalf of a person with capacity difficulties. This amendment would cover advocates acting either in a formal or informal capacity, and would encompass advocacy organisations, family members or friends.

The following amendment would provide for codes of practice to be prepared for social care, legal and financial professionals, as well as for health care professionals. The actions of professionals in these sectors can all have a major influence on a person's decision-making autonomy. It is crucial that these sectors develop guidelines as guidance for members so that their practices can serve to support a person to exercise autonomy as much as possible in terms of decision making.

The manner in which a bank engages with a person with intellectual disability can determine whether that person is able to manage his or her own affairs. Equally, we need to ensure that these sectors have safeguards in place to guard against abuse of a vulnerable person by family members, friends or neighbours. Codes of practice will be a crucial mechanism to provide guidance for these sectors and to build up their expertise about engaging with persons with capacity issues.

Amendment No. 320 provides for the National Disability Authority and the Citizens Information Board to be consulted when codes of practice are being devised. The intention is that the National Disability Authority will provide assistance in the development of codes of practice generally. The Citizens Information Board will provide advice on the development of the code of practice on advocates. The other amendments are to ensure that professional bodies in the social care, legal and financial sectors are consulted when the codes of practice for those sectors are being developed. This is to ensure that the codes of practice are grounded in an understanding of practice within those sectors.

Amendment No. 335 is to enable codes of practice to be published on the website of the director of the decision support service, or to be available electronically, so that they can be more easily available to people needing to use or to be aware of such codes of practice.

Amendment No. 336 is to provide that a code of practice will not be developed for advance health care directives under this section, as the code of practice on advance health care directive will be developed in accordance with the provisions of Part 8.

Amendment No. 317, as provided for by amendment No. 262, provides that the Minister for Health will establish a multidisciplinary working group to assist in the development and preparation of codes of practice with the Director of the Decision Support Service. The codes of practice will provide advice and guidance on how the legislation will operate on a day-to-day basis, including providing examples of best practice for people interested in preparing their own advance care directive, but also for health care professionals, designated health care representatives and others who will have to deal with a person's advanced health care directive. On that basis, it will not be possible to accept the Deputies' amendments.