Amnesty International welcomed the introduction of a new Bill on Friday that would provide legal protection for people to make decisions about their healthcare in advance, but added that it must be extended to cover mental health. The Advance Healthcare Decisions Bill was debated in the Dáil on Friday.
Speaking during the debate, TD for Dublin North East, Mr Terence Flanagan, referred to the fears of many who believe that the Bill could be a slippery slope leading first to the introduction of so-called ‘living wills’, and eventually to the legalisation of euthanasia.
According to Mr Flanagan: “In the United Kingdom in 2009, Ms Kerry Woolterton died tragically at the age of 26, having swallowed anti-freeze. Ms Woolterton was fully conscious when she was brought to hospital. She was clutching a ‘living will’ and stated that she did not want to be saved and that she was 100 per cent aware of the consequences of her wishes. The consultant sought legal advice and did not intervene. Some public concern was expressed that living wills should apply only when a patient does not have the mental capacity to make a decision. The case of Ms Woolterton was tragic. Her father blamed the doctors for not saving her life. We must be aware of situations such as this as we introduce this type of legislation. It would be a concern for accident and emergency units if people with living wills were hospitalised following the introduction of the legislation. I welcome the introduction of the Bill. However, we must tread with caution and take into account the experiences of other countries, in particular in the United Kingdom.”
Colm O'Gorman, Executive Director of Amnesty International Ireland, said: “We welcome the Advance Healthcare Decisions Bill, but these protections must be extended to cover decisions relating to mental health as well.
“Advance directives allow a person to set out in advance what their decisions would be about mental health treatment should they lose the ability to make the decision themselves. Because of the episodic nature of many mental health problems, many people become experts in their own care, in the sense that they know what works for them in a time of crisis.”
Mr O'Gorman said the introduction of legal recognition of mental health advance directives would be in line with the latest human rights convention on disability, and would help the Government deliver the recovery approach of Amnesty’s national mental health policy, A Vision for Change.
“It is also essential this Bill works with the new legal capacity law and mental health law. The UN Convention on the Rights of Persons with Disabilities is clear that the focus of capacity law, which will govern people’s decision-making, must be on supporting people to be able to make their own decisions – with advance directives one key part of a wider range of supports,” said Mr O'Gorman.
Cork South Central TD Mr Jerry Buttimer said the Bill was to be welcomed. However, he added that respect for human life should remain a central tenet of our society. “Many of us who have had the privilege of being in a hospital room with a member of our family who was dying ... will understand that the last few hours and moments are precious, and we will never forget them. None of us has a say in when we come into the world and when we leave the world. That is the bottom line. That is the way it should be. Our life is a gift. However, what we must do is assist people who are ill to get care – be it palliative care or medical treatment – for their illness,” said Mr Buttimer.
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