Dáil Éireann Debate, Wednesday - 25 April 2012
183 Deputy Kevin Humphreys asked the Minister for Justice and Equality if he will consider renaming the Mental Capacity Bill the Legal Capacity Bill in order that the title is as non-discriminatory as possible; and if he will make a statement on the matter. [20749/12]
Amharc ar fhreagraThe Short Title, along with other issues, is under consideration in finalising the text of the Bill which I expect to bring to Government for approval in the coming weeks.
184 Deputy Kevin Humphreys asked the Minister for Justice and Equality if he will include the right to advance directives within the Mental Capacity Bill in order that persons can plan ahead for times of acute mental ill health; and if he will make a statement on the matter. [20750/12]
Amharc ar fhreagraThe Minister for Health has policy responsibility for mental health care. However, I can inform the Deputy that the Law Reform Commission excluded legislative reform for advance care directives involving mental health from the recommendations made in its 2009 report on Bioethics: Advance Care Directives. The Commission's view was that a separate analysis was required including the impact of the specific legislative framework contained in the Mental Health Act 2001, and the developing work of the Mental Health Commission in this area.
The Scheme of the Mental Capacity Bill published by my Department made no provision for mental health advance directives. The issue the Deputy raises remains a matter for further consideration.
