Oireachtas Joint and Select Committees

Tuesday, 15 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 Fiona Coyle:

Ms Grogan can add to my reply if more information is needed.

As we know, an advance healthcare directive is a statement to set out a person's will and preference for care and treatment when he or she has the capacity to make those decisions. As one can imagine, that can be really important for those who may be receiving inpatient mental health treatment in the future. In our written submission, we echoed a point that was made by the director of the Decision Support Service in relation to the fact that currently, there is no provision for the DSS to hold a register of these advance healthcare directives. As the Deputy pointed out, if there was a situation where a person is unable to communicate his or her will and preference, the clinician or advocate will not know that something is in place. It is very logical to insert that piece into the legislation to give the authority to the DSS to ensure there is a register. That way, that register can be consulted. We feel that is a straightforward suggestion that would ensure the rights, the will and preferences of those with mental health difficulties, in particular, are considered. There may be a time when a person is unable to communicate his or her will and preferences. The register would put in place a process where something that the person has laid out is accessible and is followed. Otherwise, he or she may be simply engaging in a process whereby a document is put on a shelf somewhere and nobody will ever have access to it. It is a really important point. Perhaps Ms Grogan wants to add to that.