Dinny McGinley (Donegal South West, Fine Gael)

On behalf of the Minister, who is unavoidably absent, I thank Deputy Twomey for raising this important matter and all the Deputies who spoke on the issue. There were interesting and thoughtful contributions to today's discussion. The Government recognises the importance of implementing a legislative framework relating to advance health care decisions, and we share Deputy Twomey's interest in progressing the issue.

Having heard the matters raised during the discussions, we are all no doubt even more aware of the complex issues relating to advance health care decisions. In light of the inherent complexities, it is essential that an appropriate policy and accompanying legislative framework to underpin advance health care decisions is implemented. We all agree that the primary goal should be to implement a framework that provides legal support and protection for people to exercise their autonomy with regard to future treatment and care decisions. I therefore express my thanks to Deputy Twomey for raising the issue, and the introduction of this Bill recognises both the need and the opportunity to develop legislation to facilitate such advanced decision making.

The Government accepts Deputy Twomey's Advance Healthcare Decisions Bill 2012 but in doing so, I highlight that issues relating to advance health care decisions are necessarily embedded in the wider context of the law on capacity. Given the forthcoming and highly anticipated publication of the mental capacity Bill, we should be mindful that the provisions within Deputy Twomey's Bill do not conflict with the provisions of the forthcoming Bill. I compliment the Deputy for taking the initiative in introducing the Bill and all the speakers on their contributions.

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