Seán Fleming
Ceist:1638. Deputy Sean Fleming asked the Minister for Health when the commencement of Part 8 in respect of legislation (details supplied) will be completed; and if he will make a statement on the matter. [33872/18]
Amharc ar fhreagraTuesday, 24 July 2018
Ceisteanna (1638)
Freagraí scríofa
The Assisted Decision-Making (Capacity) Act was signed into law on 30 December 2015. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties, and the greater part of this Act is the responsibility of the Department of Justice and Equality.
The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives (AHDs) is a matter for the Department of Health. An AHD is a statement made by a person with capacity setting out his or her will and preferences regarding treatment decisions that may arise in the future when he or she no longer has capacity.
Under section 91 of the Act, the Minister for Health is responsible for the establishment of a multidisciplinary working group to assist in the development and preparation of the Code of Practice for the AHD provisions of the Act. The Minister for Health established this multidisciplinary working group on 17 October 2016 under section 91(2) of the Act. The role of the working group will be to prepare a detailed series of recommendations for the Director of the Decision Support Service, in relation to codes of practice. The Director will subsequently prepare a Code(s) of Practice and will submit it to the Minister for Health for his approval and, with the Minister for Health's consent, the Director will then publish the Code of Practice.
The preparation of the Code of Practice will facilitate the subsequent commencement of Part 8 of the Act, pertaining to AHDs, in its entirety.