Fergus O'Dowd (Louth, Fine Gael)
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404. To ask the Minister for Health if the regulations for Part 8 on advance healthcare directives have been drafted; if so, when they will be published; and if he will make a statement on the matter. [39510/20]

Stephen Donnelly (Wicklow, Fianna Fail)
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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.

Establishment of a AHD Register is a complex undertaking and my Department intends to explore options relating to the implementation of an AHD Register and the associated Regulations. However, while Part 8 of the 2015 Act allows for regulations for a register of advance healthcare directives it does not require this register to be established before the Act is commenced.

There are a number of other interdependencies which must be addressed before Part 8 can be commenced and work is continuing in respect of all outstanding matters. These also include commencing certain other provisions of the Act outside of Part 8 that fall under the remit of the Department of Children, Equality, Disability, Integration and Youth and the Department of Justice and Equality.