Dáil Éireann Debate, Wednesday - 7 July 2021
163. Deputy Michael Fitzmaurice asked the Minister for Health the status of the commencement of part 8 of the Assisted Decision-Making Capacity Act 2015; if the Director of the Decision Support Services completed and published the final code of practice; when the Act will be fully commenced; and if he will make a statement on the matter. [30472/21]
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 established by the Minister 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.
Establishment of a AHD Register is a complex undertaking and the 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. Justice and Equality.
