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

I move amendment No. 402:

In page 90, line 19, after “Act” to insert “(other than Part 8)”.

Amendment No. 402 proposes to exempt Part 8 dealing with advance health care directives from the review of the Act which the Minister for Justice and Equality will carry out before the Act’s fifth anniversary as the review of Part 8 is separately provided for within that Part.

Deputy Mac Lochlainn proposes in amendment No. 403 that the Act would be reviewed before its second anniversary. This Bill proposes a highly ambitious reform programme which will require time to be implemented properly. It will involve cultural change for individuals and families and for organisations engaging with people with capacity difficulties. It will take time for the effectiveness of the new support options to be ascertained properly. It would be premature to review the Act within two years of enactment as that would not give an accurate picture as to its long-term effectiveness. Five years is the normal review period for legislation of this nature which will allow time for the provisions to be bedded down. I think that it would disrupt the focus, which must be on implementing the legislation, to embark on a review soon after its enactment. For that reason, I will not accept the Deputy’s amendment.