Kevin O'Keeffe (Cork East, Fianna Fail)
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99. To ask the Minister for Justice and Equality the timeframe for the commencement of Parts of an Act (details supplied); and if her attention has been drawn to the hardship and complicated process being experienced by persons affected by this Act. [3940/17]

Simon Harris (Wicklow, Fine Gael)
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The Assisted Decision-Making (Capacity) Act 2015, which provides a modern statutory framework to support decision-making by adults with capacity difficulties, is the responsibility of the Department of Justice and Equality and commencement of that Act is largely a matter for that Department.

The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives (AHD), is a matter for my Department. 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.

Section 91(2) of the Act was commenced on 17 October 2016 and the multidisciplinary working group was subsequently established. Upon the completion of its work, the 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. Part 8 of the Act will be commenced at this point.

In relation to the post of Director of the Decision Support Service, I can confirm that approval has been received from the Department of Public Expenditure and Reform for the recruitment and appointment of a Director, and discussions are ongoing. When these discussions are completed it is expected that the Commission will move quickly to publicly advertise the post.