Marie Louise O'Donnell (Independent) | Oireachtas source

I move amendment No. 235:

In page 88, between lines 18 and 19, to insert the following:“(d) to provide information on the creation of an enduring power of attorney or the making of an advance healthcare directive to enable a person who has capacity to express his or her wishes to be given effect when he or she lacks decision-making capacity;”.

We were under the impression that we would be considering the Bill at 5.30 p.m., which might be the reason some of the other Senators are not here.

This amendment concerns the functions of the director of the decision support services under section 78. I have read about the functions and believe they are excellent. I would, however, like the Minister of State to consider adding to the legislation a function "to provide information on the creation of an enduring power of attorney or the making of an advance healthcare directive to enable a person who has capacity to express his or her wishes to be given effect when he or she lacks decision-making capacity". I would like this to be part of the remit of the decision support services, if possible.

The recommendation of the Council of Europe is that the State should promote self-determination for capable adults in the event of their future incapacity by means of continuing powers of attorney and advance health care directives. I acknowledge that the director is to be an informer, a manager, a supervisor, a guide and a changer, but the legislation could be a little more definite in that he or she could also be an educator. Bearing in mind the Council of Europe's recommendation on the promotion of human rights, I referred when discussing my first amendment, amendment No. 26, to the entitlement to lead one's life in an autonomous manner, which encompasses the taking of independent decisions. The recommendation sets out that member states should provide legislation to allow older persons to regulate their affairs in the event that they will be unable to express their instructions at a later stage.

I know there is nobody here but I have the ear of the Minister of State. The Acting Chairman is on the telephone.