Jennifer Whitmore (Wicklow, Social Democrats) | Oireachtas source

My party colleague, Deputy Cairns, is unable to make it today. This amendment addresses concerns about respecting advance healthcare directives for individuals engaging with mental health. Under section 85(7) of the 2015 Act, an advance healthcare directive will not be complied with as it relates to the refusal of mental health treatment is the directive maker is detained under the Mental Health Act.

Mental Health Reform pointed out the seriousness of this issue in its submission on pre-legislative scrutiny, stating that the individuals affected "have no legal right to have their advance wishes respected, even though they had capacity to make decisions about their healthcare and treatment at the time of making their advance healthcare directive". The representative of the organisation went on to say: "There is no other group of individuals that is specifically excluded from this legal right."

Moreover, several stakeholders pointed out that this does not take account of parity between physical and mental health. Apparently, departmental officials had indicated that this matter could be addressed on Committee Stage. What is the Minister's current position on that point?