Dáil Éireann Debate, Thursday - 27 February 2025
383. Deputy David Cullinane asked the Minister for Health the status of the Protection of Liberty Safeguards Bill; when the Bill will be published; when she expects to bring the Bill before the Houses of the Oireachtas; and if she will make a statement on the matter. [8721/25]
Amharc ar fhreagraThe Department is committed to developing legislation to provide a legal framework of Protection of Liberty Safeguards for people who are or will be deprived of their liberty in care settings (e.g. nursing homes, residential disability facilities and hospitals) and who lack decision-making capacity to consent to the care arrangement.
This legislation is required to meet our obligations under Article 40.4 of the 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.
This is a complex area of law which is 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.
Detailed work has been undertaken over the last year to develop broad policy proposals which will shape this legislation, and this work has been supported by an Expert Advisory Group, comprising legal, clinical and advocacy experts. The Department will shortly engage in a process of consultation with stakeholders and final policy proposals will be developed to frame the drafting of a General Scheme of a Bill.
