Dáil Éireann Debate, Thursday - 12 October 2023
188. Deputy Holly Cairns asked 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. [44559/23]
View answerProtection of Liberty Safeguards legislation will provide procedural safeguards to ensure that people who cannot consent to their care arrangements in relevant health and social care 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 Irish 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.
The Department has established an Expert Advisory Group to support the development of policy and legislation in this area, comprising legal, clinical and advocacy experts. The Department expects to be in a position to publish a draft policy document later this year which will form the basis of stakeholder consultation.
The Department is conscious that there are many stakeholders who will have views in this area, including those who use our health and social care services. The Department is committed to undertaking a thorough process of stakeholder engagement. The responses to the consultation will then inform the development of legislation.
It should be noted that this is a complex area of law which will be 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.
