Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank the Acting Chairperson and the Senators. I give notice of a number of amendments I intend to bring forward on Report Stage. They are intended to align this Bill with changes relating to the legal framework of capacity and consent following the commencement of provisions in the Assisted Decision-Making (Capacity) (Amendment) Act 2022.

I will be introducing an amendment to include a definition of "capacity" in this Bill. The definition of "capacity" included in the 2022 Act provides for a functional assessment of capacity to be undertaken, which is the appropriate means of conducting capacity assessments in the State. It is intended that this definition of "capacity" will become the norm across the Statute Book and should, therefore, be included in this Bill.

The Bill contains a definition of a "specified family member", who, for the purposes of the Bill, is the person who may give appropriate consent in certain situations where a living adult who lacks capacity may be involved in the donation of organs, tissues or cells. The current list of specified family members is being reviewed to ensure there is consistency across the Bill and the Assisted Decision-Making Acts. If necessary, an amendment will be brought forward to ensure alignment, as appropriate.

Both this Bill and the Assisted Decision-Making Acts contain provisions governing the donation of organs by living persons lacking capacity. However, there are differences in the arrangements for dealing with such donations. It is intended to bring forward an amendment on Report Stage to align the Bill with the legislation on assisted decision-making. This will necessitate an amendment to the Bill, as drafted, and an amendment to the Assisted Decision-Making Acts, as amended. The Bill sets out the conditions that must be met and steps that must be followed before the donation of cells and tissue by living adults who lack capacity can take place. The Assisted Decision-Making Acts are silent on this matter. Consideration is being given to what extent, if any, amendments may be necessary to the Acts to ensure the provisions of this Bill can be given effect. Discussions between officials in my Department, the Department of Children, Equality, Disability, Integration and Youth and the Office of the Parliamentary Counsel are ongoing on how best to align this Bill with the Assisted Decision-Making Acts.