Mary Butler (Waterford, Fianna Fail)

I move amendment No. 279:

In page 160, after line 13, to insert the following:

“Amendment of section 85 of Act of 2015

204. Section 85 of the Act of 2015 is amended by the substitution of the following subsection

for subsection (7):

“(7) (a) Subject to subsections (1) to (5) and paragraphs (b) and (c) of this subsection, an advance healthcare directive shall, insofar as it is provided for by this Part, be complied with.

(b) Where, in relation to an advance healthcare directive, at the time when it is proposed to treat the directive-maker concerned—

(i) his or her treatment is regulated by Chapter 3 of Part 3 of the Act of 2025, or

(ii) he or she is the subject of a conditional discharge under section 13A of the Criminal Law (Insanity) Act 2006,

the advance healthcare directive concerned shall be complied with in respect of the directive-maker concerned subject to subsections (1) to (5), paragraph (c) of this subsection, and the provisions of Chapter 3 of Part 3 of the Act of 2025.

(c) Notwithstanding paragraph (b) of this subsection, where a refusal of treatment set out in an advance healthcare directive by a directive-maker relates to the treatment of a physical illness not related to the amelioration of a mental disorder of the directive-maker, the refusal shall be complied with.”.”.

See this speech in context