Dáil Éireann Debate, Wednesday - 13 May 2026
209. Deputy Liam Quaide asked the Minister for Health whether every adult subject to a contested nursing-home placement, proposed deprivation of liberty, or serious care-placement decision has access to independent advocacy; if not, whether she intends to provide for a statutory right to independent advocacy in such cases; and if she will make a statement on the matter. [35350/26]
View answer210. Deputy Liam Quaide asked the Minister for Health whether her Department has estimated the number of persons in nursing homes who may currently be deprived of liberty, or living there contrary to their expressed will and preference, without a specific statutory safeguards framework; and whether that estimate has informed the drafting of protection of liberty safeguards legislation. [35351/26]
View answer211. Deputy Liam Quaide asked the Minister for Health when the protection of Liberty Safeguards Bill will be published; whether it will apply to nursing homes and other residential care settings where a person may be deprived of liberty in practice; and if she will provide a timeline for publication, pre-legislative scrutiny and enactment. [35352/26]
View answer216. Deputy Liam Quaide asked the Minister for Health whether her Department has estimated the likely annual legal costs to the State of continuing to rely on High Court applications in cases involving contested nursing-home placements or deprivation of liberty in care settings in the absence of protection of liberty safeguards legislation; and if she will make a statement on the matter. [35362/26]
View answer218. Deputy Liam Quaide asked the Minister for Health whether any analysis has been carried out comparing the cost of High Court proceedings in contested nursing-home placement or deprivation-of-liberty cases with the projected cost of establishing a statutory protection of liberty safeguards framework; and if she will publish that analysis. [35364/26]
View answerI propose to take Questions Nos. 209, 210, 211, 216 and 218 together.
The 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 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. A discussion paper setting out draft policy proposals was circulated to a broad range of stakeholders in 2025 for consultation and feedback. Informed by this consultation, final policy proposals are now being developed to frame the drafting of a General Scheme of the Bill this year. The health and social care settings that will be included in the legislation and the role of independent advocacy are being considered as part of this work.
A Regulatory Impact Assessment will be undertaken to accompany the General Scheme and this will consider estimates of the number of people in relevant health and social care settings that may be deprived of their liberty and estimate costs of the proposed framework.
