Written answers

Thursday, 17 May 2018

Department of Health

Legislative Programme

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

196. To ask the Minister for Health the position regarding drafting of legislation concerning the deprivation of liberty in nursing homes and other residential facilities [21872/18]

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent)
Link to this: Individually | In context | Oireachtas source

The Department of Health is continuing to prioritise the development of Heads of Bill to provide legislative clarity on the issue of deprivation of liberty in order to meet our obligations under the UN Convention on the Rights of Persons with Disabilities. These provisions will apply to residential centres for persons with disabilities and nursing homes. The provisions will also apply to mental health facilities in situations where a person has mental health issues but is not suffering from a mental disorder and therefore cannot be involuntarily detained under the Mental Health Act 2001.

The deprivation of liberty proposals will apply in circumstances in which it is proposed that a relevant person is to live in, or is already living in, such facilities and

(a) is, or will be, under continuous supervision and control; and

(b) is not, or will not, be free to leave; and

(c) there is reason to believe that the person lacks capacity to make a decision to live in the relevant facility.

The approach taken in the Heads makes use of the decision-making procedures, supports and safeguards that already exist under the Assisted Decision-Making (Capacity) Act 2015 and the Heads also include some additional safeguards specific to deprivation of liberty. The proposals build on the machinery of the Decision Support Service, which is provided for under this Act. For that reason, it is not possible for the deprivation of liberty proposals to come into operation in advance of the commencement of the Assisted Decision-Making (Capacity) Act 2015 and the operationalisation of the Decision Support Service.

The deprivation of liberty provisions will be brought forward as a stand-alone Bill and will add a new Part to the Assisted Decision-Making (Capacity) Act 2015. My Department has worked closely with the Department of Justice and Equality in developing the proposals to ensure that the Heads align with this Act as well as meet our obligations under the UN Convention.

A public consultation on the draft legislative provisions formally closed on 9 March 2018 but submissions were accepted until 3 May. The Department is currently analysing the 50 submissions received with a view to amending its draft Heads of Bill as necessary. We intend to undertake this work as quickly as possible, while also ensuring that the system we are developing will work in practice and will provide sufficient safeguards in accordance with the requirements of international law, domestic law and relevant jurisprudence.

To assist with this process, an advisory group has been convened to consider the findings of the public consultation process, to advise on any appropriate amendments to the draft Heads of Bill and to ensure that the approach taken integrates effectively with existing legislation.

Comments

No comments

Log in or join to post a public comment.