Oireachtas Joint and Select Committees

Wednesday, 16 February 2022

Joint Committee On Children, Equality, Disability, Integration And Youth

General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021: Discussion (Resumed)

Ms Áine Flynn:

That is under Part 8 of the Act, which belongs, if you like, to the Department of Health. Under that Part of the Act, the Minister may provide regulations that would provide for notification of advanced healthcare directives to us in the DSS and allow us to establish a register of advanced healthcare directives. Our view is that would probably be an enhancement and would ensure that if somebody has planned ahead so their authentic voice can be heard and respected in relation to refusals of treatment, that document can be readily accessed. I think a register of advanced healthcare directives would be an addition in that regard. However, at present we do not have, and have been led not to expect, those regulations. The view of healthcare professionals is that it would be a good thing but we do not have those regulations and we do not see such a register being available in the first offering although we have planned for it. We have developed a register that would be available as soon as those regulations are put in place.

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