Written answers

Tuesday, 18 December 2018

Department of Health

Assisted Decision Making

Photo of John BrassilJohn Brassil (Kerry, Fianna Fail)
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342. To ask the Minister for Health the status of the establishment of the decision support service; and if he will make a statement on the matter. [52705/18]

Photo of Jim DalyJim Daly (Cork South West, 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 policy responsibility of the Department of Justice and Equality. I understand that the Deputy also has a parliamentary question on the Decision Support Service (DSS), which was established by the 2015 Act and is located within the Mental Health Commission, down today to the Minister for Justice and Equality who sets out the position in relation to the DSS.

I should add that the commencement of Part 8 of the 2015 Act, which provides a legislative framework for advance healthcare directives, is a matter for this Department. The Minister for Health, under the Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016 (S.I. No. 517 of 2016), brought some provisions of Part 8 of the Act into operation on 17 October 2016. The provisions commenced in Part 8 were the definition of “Minister” in section 82; the definitions of “code of practice” and “working group” in section 91(1); and section 91(2). The commenced provisions provide for the establishment by the Minister for Health of a multi-disciplinary group to advise in relation to codes of practice on advance healthcare directives. The multi-disciplinary group has been set up and is currently finalising its recommendations.

Photo of John BrassilJohn Brassil (Kerry, Fianna Fail)
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343. To ask the Minister for Health the status of the drafting of the regulations and codes of practice required under Part 8 of the Assisted Decision-Making (Capacity) Act 2015; and if he will make a statement on the matter. [52707/18]

Photo of Simon HarrisSimon 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.

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.

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