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Commencement of Legislation

Dáil Éireann Debate, Tuesday - 8 September 2020

Tuesday, 8 September 2020

Ceisteanna (1170)

David Cullinane

Ceist:

1170. Deputy David Cullinane asked the Minister for Health when he plans to commence Part 8 of the Assisted Decision-Making (Capacity) Act 2015 ; and if he will make a statement on the matter. [21485/20]

Amharc ar fhreagra

Freagraí scríofa

Part 8 of the Assisted Decision Making (Capacity) Act 2015 provides a legislative framework for Advanced Healthcare Directives (AHDs). 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.

My Department remains committed to commencing these provisions as soon as possible. The development of a code of practice to accompany the AHD provisions is a key piece of work to facilitate commencement. The AHD multidisciplinary working group which I established in 2016 has developed a code of practice for Part 8 and submitted it to the Director of Decision Support Services in December 2018 for consideration. When this has been finalised by the Director it will be submitted to me for approval prior to publication.

There are a number of other interdependencies which must be addressed before Part 8 can be commenced and work is continuing in respect of all outstanding matters. These include commencing certain other provisions of the Act outside of Part 8 that fall under the remit of the Department of Justice and Equality.

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