Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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453. To ask the Minister for Health his plans to commence Part 8 of the Assisted Decision-Making (Capacity) Act 2015 in full and at the earliest practicable date; the timeframe for its commencement; and if he will make a statement on the matter. [53365/18]

Simon Harris (Wicklow, Fine Gael)
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Part 8 of the Assisted Decision-Making (Capacity) Act 2015 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.

Section 91 of the Act relates to the development of a code of practice to accompany the AHD provisions. On 17 October 2016 I established a multidisciplinary working group to prepare a detailed series of recommendations for the Director of the Decision Support Service, in relation to the code of practice under section 91(2) of the Act. This process is ongoing and in anticipation of its completion I commenced the remainder of section 91 on 17 December 2018 [S.I. No. 527 of 2018], which will enable the Director of the Decision Support Service to progress the preparation of the code of practice on the AHD provisions, based on the working group’s recommendations, and in accordance with the specific process outlined in the Act.

Once completed the final code of practice can be published by the Director with my consent.

The development of the code of practice to accompany the AHD provisions is a key piece of work in facilitating the subsequent commencement of Part 8 in its entirety.

It is not possible at this time to give a definitive timeline for the commencement of Part 8. However, given the clear interconnections between Part 8 and the provisions within the rest of the Act, officials in my Department will continue to engage closely with the Department of Justice and Equality and the Director of the Decision Support Service to ensure that an expedient, coherent and coordinated approach is taken to the commencement of the provisions within the Act, including those in Part 8.