Dáil debates

Friday, 8 June 2012

Advance Healthcare Decisions Bill 2012: Second Stage

 

11:00 am

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)

I dtús báire, ba mhaith liom comhghairdeas a dhéanamh leis an Teachta Twomey as ucht an Bille seo a thabhairt go dtí an Teach. This is an important Bill. I am pleased that the Minister is present. I am also pleased with the participation of Members in the Chamber. It is important to have a debate in an informed manner that is not provocative or emotive, and does not raise flags, create political footballs or intimidate or frighten people.

Many of us in this House are in receipt of e-mails, postcards and all manner of documentation from pro-life campaigners and about other aspects of health care. The Bill is about the important issue of advance health care. It is about the wishes of the patient. Of all the Bills I have heard presented as a Member of Seanad Éireann or as a Member of Dáil Éireann, Deputy Twomey's opening remarks were perhaps the most honest and commendable of all when he said that it was not perfect legislation, it was work in progress that he wished to be advanced further and to encompass all views. That is the way it should be.

The Minister is correct; what we must avoid is misinterpretation and scaremongering to the effect that we are on the road to euthanasia or assisted dying. We are not. No Member on this side of the House or among the majority of those on the other side of the House is prescribing that. It is important that this message emanates from the Chamber today. This is about advance health care; it is about what patients want.

Many of us who have had the privilege of being in a hospital room with a member of our family who was dying, or with a constituent or friend seeking advice, information or friendship will understand that the last few hours and moments are precious and we will never forget them. None of us has a say in when we come into the world and when we leave the world. That is the bottom line. That is the way it should be. Our life is a gift. However, what we must do is assist people who are ill to get care – be it palliative care or medical treatment – for their illness. I very much welcome the Minister's speech and the clarity he brought to this important issue. As Chairman of the Oireachtas Joint Committee on Health and Children I would very much welcome the Bill back to the committee. I am sure Deputies Ó Caoláin and Kelleher who are pivotal members of the committee, as are Deputy Keating and Deputy Dowds, would very much welcome it as part of our work programme. We will discuss our work programme with the Government Chief Whip, Deputy Kehoe, the Minister for Health, Deputy Reilly, and Deputy Twomey. The Bill is something on which we could work.

As Deputy Kelleher alluded to in his remarks, the structure of health care is evolving. The quantum of care and ability of medical technology and advances ensure that health care now is different to what it was five years ago and even five months ago. Life is complex and health care is complex. The sentiments underlying the Bill and the proposals contained in it are sound. It is about the wishes of the patient, which must be at the centre of any decision-making process in health care whether it relates to a patient's relationship with his or her GP, consultant, consultant oncologist or whoever else. I was heartened by the Minister's remarks. From my experience in dealing with a GP or consultant they have always been upfront and honest. We do not have the ability to put a time line on a person's life.

We were all briefed by Amnesty International prior to today's debate. I compliment it on the briefing provided. It is important that the mental capacity issue is examined. As the Minister indicated, it is a complex issue. We must appreciate that the issues concerned relate to people.

I welcome the Bill. As the Minister indicated, it is about time that we spoke about death. It is a natural part of life. It is the end of our life which faces us all no matter who we are, from the head of state to the person who is just born today. In saying that, it is important that we do not use the Bill as a political football but as a means to achieve what Deputy Twomey is seeking. It is important in examining the Bill to ensure that all health care directives must be legal within the jurisdiction of this country. Deputy Stanton has done much work in this area in the Joint Oireachtas Committee on Justice, Defence and Equality. A report has been published on the matter. The Bill is opportune. We could move forward on a joint platform with the justice committee and work together on the issue.

We must also examine other aspects of the Bill such as health care proxy. For this reason, the civil partnership Act was one of the most important developments of recent times in that it allowed a partner in a same sex relationship an opportunity to be involved in making decisions on a loved one's health care. For example, the partner could be informed by a hospital consultant, participate in discussions and provide a link with the ill person. In this light, the question of having a health care proxy is important.

I commend Deputy LiamTwomey. The Bill represents the beginning of a journey and none of its supporters on this side of the House is promoting anything other than what it expresses, namely, advance health care decision that place the patient at the centre in consultation with health care professionals and family members. We must walk carefully, take our time and make incremental progress. I again thank the Acting Chairman for allowing me the time to contribute to the debate.

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