Dáil Éireann Debate, Tuesday - 7 November 2017
775. Deputy Róisín Shortall asked the Minister for Health the legal position in regard to unmarried cohabiting couples with respect to next of kin rights for consent to medical treatment; and if he will make a statement on the matter. [46641/17]
Amharc ar fhreagraThe requirement for a person's informed consent to be obtained in advance of medical treatment is well established in Irish case law. In addition, the principle of informed consent in healthcare practice is set out in the HSE’s National Consent Policy, as well as specific guidelines and regulations for individual healthcare and social care professionals, for example the Medical Council and the Nursing and Midwifery Board of Ireland. Furthermore, informed consent is also recognised as a prerequisite to medical treatment in international and European human rights law as well as under the Irish Constitution.
In relation to the matter of a person providing consent on behalf of another adult, currently, as is outlined in the HSE's National Consent Policy no other person such as a family member, friend or carer and no organisation can give or refuse consent to a health or social care service on behalf of another adult who lacks capacity to consent unless they have specific legal authority to do so.
However, it should be noted that parts of the Assisted Decision-Making (Capacity) Act 2015, which have yet to be commenced, provide a number of potential mechanisms for decision-making on behalf of a person who lacks capacity, which could include providing consent to medical treatment in certain circumstances. For example, this includes Part 4 Co-Decision Making and Part 7 Enduring Powers of Attorney, which are the responsibility of the Minister for Justice and Equality, and Part 8 Advance Healthcare Directives, which is the responsibility of the Minister for Health.
