Consultation Paper on Bioethics - Law Reform Commission

INTRODUCTION
A Background to the project
1. This <strong>Consultation</strong> <strong>Paper</strong> forms part of the Commission‟s Third
Programme of Law Reform 2008-2014. 1
2. The Commission has previously addressed the topic of advance care
directives in the following:
Report on Vulnerable Adults and the Law (2006); 2
<strong>Consultation</strong> <strong>Paper</strong> on Vulnerable Adults and the Law: Capacity
(2005); 3
<strong>Consultation</strong> <strong>Paper</strong> on Law and the Elderly (2003). 4
In the <strong>Consultation</strong> <strong>Paper</strong> on Law and the Elderly, the Commission
acknowledged that there has been no legislation or case law in Ireland
specifically addressing the efficacy of advance care directives. It suggested that
“since it is possible to nominate another person to make personal and property
decisions, it ought to be possible to make those decisions oneself and have
them carried out by others if incapacity sets in. They could provide for practical
decisions in relation to personal care and property – broadly the same issues as
may be dealt with under an EPA.” 5 However, the Commission was aware of the
important and contentious moral, legal and ethical questions raised by advance
care directives and that such questions would require detailed consideration. 6
1 See Report on the Third Programme of Law Reform 2008-2014 (LRC 86-2007).
Project 30 in the Third Programme commits the Commission to examine “Legal
Aspects of Bioethics”.
2 Law Reform Commission Report on Vulnerable Adults and the Law (LRC 82-
2006) at paragraph 3.36.
3 Law Reform Commission <strong>Consultation</strong> <strong>Paper</strong> on Vulnerable Adults and the Law:
Capacity (LRC CP 37-2005) at paragraphs 7.63-7.64.
4 Law Reform Commission <strong>Consultation</strong> <strong>Paper</strong> on Law and the Elderly (LRC CP
23-2003) at paragraphs 3.48-3.51.
5 Ibid at paragraph 3.48.
6 Ibid at paragraph 3.51.
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