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 Carol Baxter:
I want to make a point of clarification for Deputy Bacik. That point on the intersection between advanced healthcare directives and women who are pregnant is being looked at by the Department of Health, as is the applicability of the 2015 Act to people detained under the Mental Health Act 2001. It may also be useful to make another point on the deprivation of liberty safeguards. The Department of Health has done an initial proposal which was subject to extensive consultation. The big difficulty is how to respond to the human rights needs of relevant persons and at the same time do a safeguard that is not cumbersome in itself or that does not necessarily always involve recourse to the courts. That can also be very difficult in terms of responding to the relevant people’s needs. There is no immediate policy solution in that space yet because it is so complex but that is what is being worked on.