Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

Amendment No. 39, along with some technical amendments, provides for additional provisions in respect of the maintaining of a register of AHDs by the decision support service. My colleague, the Minister for Health, will have a regulation-making power to establish and maintain a register of AHDs which will be subject to new provisions provided by this amendment. The provisions specify what the content, principles and policies of the regulation should be and will better align the register of AHDs under Part 8 of the Act with the register of other decision support arrangements under other Parts of the 2015 Act.

I am not in a position to accept amendment No. 40. It deals with an issue on which there has been significant engagement, like the issue of the applicability of AHDs that we discussed. As with other amendments to Part 8 of the 2015 Act, this is a matter that is the responsibility of the Minister for Health, although my Department and the Minister, Deputy Stephen Donnelly, have been in close contact with regard to this issue in the preparation of the Bill. The amendment seeks to allow minors who have reached the age of 16 to make a valid AHD.This Bill, including its tiers of support, and the 2015 Act were not originally designed to apply to minors. The Bill was designed to apply to adults. That reflects the reality that parents and guardians have specific legal responsibilities in respect of minors. Such guardianship provisions do not apply for those over the age of 18. In the context of certain healthcare decisions, I am aware 16- and 17-year-olds have the ability to consent to surgical, medical and dental treatment. As the Minister with responsibility for children and youth, I recognise minors have agency and I work to foster and support that agency in other areas of my brief. In this instance, however, existing family law architecture must be considered before any amendments can be made.

We have engaged extensively with the Departments of Health and Justice on this issue. I asked both Departments to examine this in the context of discussion we had in the Dáil. I have been advised that this issue, particularly, the issue of allowing young people at the ages of 16 and 17 to refuse consent to various treatments, especially significant treatments, would require a more detailed examination than can be provided for at this stage. There are wider implications and potential, unintended consequences regarding the wider legal position of the rights of minors and guardians. Therefore, I am not in a position to accept the amendment on this occasion.