Written answers

Tuesday, 11 May 2021

Department of Health

Advanced Healthcare Directives

Photo of Aodhán Ó RíordáinAodhán Ó Ríordáin (Dublin Bay North, Labour)
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795. To ask the Minister for Health the steps that are being taking to establish a register for advance healthcare directives as part of the commencement of the Assisted Decision-Making (Capacity) Act 2015. [24123/21]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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828. To ask the Minister for Health the steps he is taking to establish a register for advance healthcare directives as part of the commencement of the Assisted Decision-Making (Capacity) Act 2015 [24259/21]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 795 and 828 together.

Part 8 of the Assisted Decision Making Capacity Act 2015 provides the legislative framework for Advanced Healthcare Directives, or AHDs. An AHD is a statement made by a person with capacity setting out their will and preferences in relation to treatment decisions that may arise in the future, when they no longer have capacity.

My Department remains committed to commencing these provisions as soon as possible, and work has been underway to develop a code of practice to accompany the AHD provisions. The AHD Multidisciplinary Working Group has developed a draft code of practice which has been submitted to the Decision Support Service and which will be submitted to me, for approval, once finalised.

The establishment of a Register for Advance Healthcare Directives is a complex undertaking. My Department recognises that for this to be both operable and meaningful, the further deployment of health identifiers across the wider health system will be required. We will considermaking such Regulations when national Health Identifiers are deployed acrossthe health system.

However, while Part 8 of the Act of 2015 allows for regulations for the Register of Advance Healthcare Directives, it should be noted that it does not require that this Register is 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. Justice and Equality.

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