Dáil Éireann Debate, Tuesday - 11 July 2023
753. Deputy Fergus O'Dowd asked the Minister for Health if he will request HIQA and the decision support service to jointly develop a code of practice to protect the rights and interests of people entering nursing homes whose capacity to review, understand and make an informed decision to sign a contract for care is at issue; and if he will make a statement on the matter. [33811/23]
View answerOverall policy on assisted decision-making is vested in the Minister for Children, Equality, Disability, Integration and Youth and decisions in relation to the preparation of codes of practice under the Assisted Decision-Making (Capacity) Act 2015 ("the 2015 Act") are a matter in the first instance for the Director of the Decision Support Service (DSS) under section 103 of the Act.
I have been advised by the Department of Children, Equality, Disability, Integration and Youth, in relation to the matters raised in the Deputy’s question, that:
• The 2015 Act, as amended by the Assisted Decision-Making (Capacity) (Amendment) Act 2022, provides a role for the Director of the Decision Support Service to prepare and publish Codes of Practice to support the operation of the Act.
• As part of the commencement of the 2015 Act in April 2023, the Director published a number of individual codes, which are available on the Decision Support Service's website. These codes are considered sufficient for the operation of the Act and cover a range of different areas aimed at ensuring the maximum protection of vulnerable persons relying on the Act’s provisions.
• These published codes cover a range of different areas and provide advice and guidance to decision supporters and professionals interacting with relevant persons under the legislation. This includes all tiers of decision supporters, who hold a statutory role in supporting to a person who may be lacking capacity to make certain decisions, including those who may need support when entering nursing homes. There is also a code for healthcare professionals, where they are interacting with a relevant person, which would include in a nursing home setting.
• Section 8 of the 2015 Act also provides guiding principles to be followed under the Act, which interveners under the Act must abide by. These principles ensure that the will and preference of the relevant person is adhered to, and that presumption of capacity is respected unless shown otherwise in accordance with the Act.
The Assisted Decision-Making (Capacity) (Amendment) Act 2022 also makes changes to the Nursing Homes Support Scheme Act 2009, and a decision-making representative must now be appointed where a care representative previously acted. This is to ensure further safeguards are provided to support persons entering nursing homes.
