Dáil Éireann Debate, Wednesday - 27 May 2020
488. Deputy Niall Collins asked the Minister for Health when Part 8 of the Assisted Decision-Making (Capacity) Act 2015 (details supplied) will be commenced; and if he will make a statement on the matter. [7461/20]
View answerPart 8 of the Assisted Decision Making (Capacity) Act 2015 provides a legislative framework for Advanced 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.
My Department remains committed to commencing these provisions as soon as possible. The development of a code of practice to accompany the AHD provisions is a key piece of work to facilitate commencement. The AHD multidisciplinary working group which I established in 2016 has developed a code of practice for Part 8 and submitted it to the Director of Decision Support Services in December 2018 for consideration. When this has been finalised by the Director it will be submitted to me for approval prior to publication.
However, while Part 8 of the Assisted Decision Making (Capacity) Act 2015 is yet to be commenced, advanced healthcare directives has been established by the Irish courts. I would also refer the Deputy to the HSE's National Consent Policy 2019 which covers situations concerning consent to DNAR (do not attempt resuscitation), and the recently published HSE guidance regarding Cardio-Pulmonary resuscitation and DNAR decision making during the COVID-19 pandemic.
