James Reilly (Dublin North, Fine Gael)
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An advance healthcare directive is a statement made by an individual with capacity setting out his/her will and preferences regarding treatment decisions that may arise in the future in the event that s/he lacks the capacity to provide consent to or to refuse those treatments. The advance healthcare directive has been recognised as an expression of an individual’s autonomy and as a useful tool in enabling the individual to maintain some level of control over medical treatment into the future, when he or she lacks the capacity to express autonomous preferences.

There is currently no specific legislation pertaining to advance healthcare directives in Ireland. The establishment of a statutory mechanism of advanced healthcare planning will bring clarity to individuals and their attending healthcare professionals regarding the individual’s will and preferences for future treatment. Given the increased focus on a more patient-centred model of healthcare, more and more people will wish to play an active role in their treatment decisions, even when they no longer retain capacity to do so. Advance healthcare directives are an important tool in this regard.

On Tuesday 4^th February 2014, the Government approved the publication of the draft General Scheme of the advance healthcare directive provisions for the purposes of a public consultation. This consultation process is scheduled to conclude by Friday 7^th March 2014. Following the consultation process the advance healthcare directive provisions are to be incorporated into the Assisted Decision-Making (Capacity) Bill at Committee Stage, in line with a Government decision from 2013. It is envisaged that the Bill will be brought to Committee Stage in the coming months.

Given the intersection between the aims of the capacity legislation and the role of advance healthcare directives, the Assisted Decision-Making (Capacity) Bill 2013 is considered to be the most appropriate vehicle for providing a legislative framework for advance healthcare directives. Incorporating provisions for advance healthcare directives into the capacity legislation represents an efficient and practical method of consolidating the law in this area.