Written answers

Tuesday, 17 January 2017

Department of Health

Commencement of Legislation

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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1322. To ask the Minister for Health when the outstanding substantive sections of Part 8 of the Assisted Decision-Making (Capacity) Act 2015 will be commenced; and if he will make a statement on the matter. [1788/17]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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The Assisted Decision-Making (Capacity) Act was signed into law on 30 December 2015. Part 8 of the Act provides a legislative framework for advance healthcare directives (AHDs). An AHD is a statement made by a person with capacity setting out his or her will and preferences regarding treatment decisions that may arise in the future when he or she no longer has capacity.

Under section 91 of the Act, the Minister for Health is responsible for the establishment of a multidisciplinary working group to assist in the development and preparation of the Code of Practice for the AHD provisions. The role of the working group will be to prepare a detailed series of recommendations for the Director of the Decision Support Service, in relation to the interpretation and operation of the AHD provisions contained in the Act. The Director will prepare and publish a Code of Practice based on those recommendations.

The establishment of the working group required commencement of section 91(2) of the Act and related definitions. This section was commenced on 17th October 2016 and the working was subsequently established. Additional information about the working group is available from the following link: .

Upon the completion of its work, the multidisciplinary working group will submit its recommendations to the Director of the Decision Support Service. The Director shall publish a Code of Practice, with the consent of the Minister for Health. The preparation of this Code of Practice will facilitate the subsequent commencement of Part 8 of the Act, pertaining to AHDs, in its entirety.

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