Clare Daly (Dublin North, United Left)
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333. To ask the Minister for Health his plans to put the right to informed consent and voluntary refusal on a statutory footing in view of the Hamilton v. the Health Service Executive ruling, which contradicts a principle already part of the Irish national consent policy. [36748/14]

Leo Varadkar (Dublin West, Fine Gael)
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Consent refers to the giving of permission for an intervention or receipt or use of a service. The principle of informed consent in health care practice is set out in the HSE’s National Consent Policy, an extensive body of Irish case law, as well as specific guidelines and regulations for individual health care and social care professionals.

The HSE National Consent Policy provides one overarching policy to guide all staff in both the medical and social care spheres. The HSE National Consent Policy states that consent must be obtained before starting treatment and states that this requirement is consistent with fundamental ethical principles, with good practice in communication and decision-making, as well as with national health and social care policy. This policy was launched in June 2013 by Minister James Reilly.

The requirement for informed consent to be obtained for medical examination or treatment is well established in Irish case law. In addition, the Medical Council’s Guide to Professional Conduct and Ethics outlines detailed requirements in relation to the informed consent process. The regulatory frameworks for other health care professionals, including those of the Nursing and Midwifery Board of Ireland, include similar arrangements in relation to requirements for obtaining informed consent. Further, informed consent is also recognised as a prerequisite to treatment in international and European human rights law as well as under the Irish Constitution. Knowledge of the importance of obtaining consent is expected of all staff employed or contracted by the HSE. I would expect the general principles articulated in the HSE National Consent Policy to be upheld.

In relation to the Hamilton v Health Service Executive case I do not accept the assertion from the Parliamentary Question that there is a gap in the existing regulation of the informed consent process. While not wishing to comment in detail on individual legal cases, I understand Mr Justice Ryan stated that in his view the plaintiff had consented to the procedure. In any event, I do not accept that the ruling in the case represents a departure from existing requirements to obtain a person’s informed consent prior to a medical examination or treatment and have no current plans to legislate in this area.