Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am sure the Deputy will agree that it is necessary that all the appropriate administrative processes and support measures including the setting up of the DSS within the Mental Health Commission are put in place before the substantive provisions of the 2015 Act can be brought into operation. Indeed the substantive provisions will be commenced when the director of the DSS is ready to roll out the new decision-making support options. The commencement of Part 8 of the 2015 Act which provides for a legislative framework for advanced healthcare directives is a matter for the Minister for Health. The commencement provisions provide for the establishment by the Minister for Health of a multidisciplinary group to make recommendations to the director of the DSS on codes of practice on advanced health care directives. In anticipation of the completion of that process the Minister for Health commenced the remainder of section 91 in December of last year. The key preparations are being put in place under the oversight of the steering group to allow for further commencement orders for the provisions of the 2015 Act to be made when the director of the DSS is in a position to roll out the new decision-making support options.

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