Written answers

Tuesday, 10 July 2018

Department of Health

Proposed Legislation

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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598. To ask the Minister for Health whether there will be a review of the recent Court of Appeal judgment regarding a person who was prevented from leaving the hospital that was caring for them where in the view of the hospital, this was in the person's best interest; if the lack of legislation covering detention other than for infection or under the Mental Health Care Act 2017 will be addressed; his views on the best way to address the matter; and if he will make a statement on the matter. [30541/18]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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My Department is actively developing legislation to provide procedural safeguards to ensure that people in residential settings are not unlawfully deprived of their liberty.

The Government approved draft Heads of Bill on this matter for public consultation last December. This draft legislation sets out procedural safeguards to ensure that people in residential settings who lack capacity are not unlawfully deprived of their liberty. The approach taken in the draft legislation makes use of the decision-making procedures, supports and safeguards that already exist under the Assisted Decision-Making (Capacity) Act 2015 and also includes 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. The 51 submissions that were received are currently being analysed.

An Advisory Group comprised of key stakeholders has been formed to consider the findings of the public consultation, advise on appropriate amendments to the draft Heads of Bill and ensure that the approach taken integrates effectively with existing legislation.

Every effort is being made to progress the legislation as quickly as possible and the implications of the recent Court of Appeal judgment will be considered as part of this process. My Department is also liaising with the HSE regarding the implications of the judgment.

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