Holly Cairns (Cork South West, Social Democrats)
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2268.To ask the Minister for Health the date he is working towards, to introduce legislation concerning safeguard proposals relating to deprivation of liberty; and if he will make a statement on the matter. [32214/24]

Stephen Donnelly (Wicklow, Fianna Fail)
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The Department is committed to developing legislation to establish procedures and due process safeguards to ensure that people who lack decision-making capacity to consent to their care arrangements in relevant facilities, such as long-term residential centres for older people and people with disabilities and hospitals, are not unlawfully deprived of their liberty. This legislation is required to meet our obligations under Article 40.4 of the Constitution, Article 14 of the UN Convention on the Rights of Persons with Disabilities and Article 5 of the European Convention on Human Rights. It will also be an important complement to the Assisted Decision-Making (Capacity) Act, 2015 (as amended) and forthcoming mental health legislation.

This is a complex area of law which is informed by national and international legal obligations and case law. The development of legislation must also have due regard to other national legislation, in particular the Assisted Decision-Making (Capacity) Act, 2015.

Detailed work has been undertaken over the last year to develop broad policy proposals which will shape this legislation, and this work has been supported by an Expert Advisory Group, comprising legal, clinical and advocacy experts. The Department is now engaged in a process of consultation with stakeholders and final policy proposals will be developed to frame the drafting of a General Scheme of a Bill.