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Assisted Decision-Making

Dáil Éireann Debate, Thursday - 23 September 2021

Thursday, 23 September 2021

Questions (346)

Michael Fitzmaurice

Question:

346. Deputy Michael Fitzmaurice asked the Minister for Health further to Parliamentary Question No. 163 of 7 July 2021, if he will provide a list of all other interdependencies (details supplied) which must be addressed before Part 8 of the Assisted Decision-Making (Capacity) Act 2015 can be commenced; and if he will make a statement on the matter. [45910/21]

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Written answers

As the Deputy is aware, the Department of Children, Equality, Disability, Integration and Youth has overall policy responsibility for the Assisted Decision-Making Capacity Act with the exception of Part 8, which is the responsibility of my Department. Work is underway in that Department on the Assisted Decision-Making (Capacity) (Amendment) Bill with a view to full commencement of the Act.

Some of the provisions in other Parts of the Act of 2015 interconnect with Part 8, and work is continuing in respect of all other outstanding matters which need to be addressed before Part 8 can be commenced.

The work under Part 8 of the Act, which provides a legislative framework for Advanced Healthcare Directives (AHDs), has been progressing through the AHD multidisciplinary working group established by the Minister in 2016. The codes of practice for Part 8 were developed and submitted it to the Director of Decision Support Services in December 2018 for consideration. There is a requirement under the Act of 2015 for the Director to put the codes out to consultation before being finalised and my Department will be informed of the timeline for these consultations shortly.

As soon as we are notified of this we will respond to the Deputy directly in this regard.

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