Maureen O'Sullivan (Dublin Central, Independent)
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Question 738: To ask the Minister for Health and Children her views on the way advanced directives will be formulated and to whom will they give authority and if this is being considered in new capacity legislation (details supplied); if she will be changing definitions in Article 3 of the Mental Health Act to bring them up to date. [33251/10]

John Moloney (Laois-Offaly, Fianna Fail)
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The proposed legislation on mental capacity is the responsibility of the Minister for Justice and Law Reform and I am not in a position to indicate what, if any, amendments will be required to the Mental Health Act 2001 until such time as the Bill is published. I intend in any event to undertake a major review of the Mental Health Act 2001 next year and Section 3 of the Act will be considered in that context.