Mary Butler

I move amendment No. 135: In page 58, line 18, to delete “consent to, or to refuse, treatment, the consultant psychiatrist” and substitute “consent to or refuse treatment, the responsible consultant psychiatrist”.

I move amendment No. 136: In page 58, line 19, to delete “a second” and substitute “another”.

I move amendment No. 137: In page 58, line 29, after “of” to insert “a capacity assessment under subsection (1), or”.

I move amendment No. 138: In page 58, line 32, after “to” to insert “or refuse”.

I move amendment No. 139: In page 58, after line 40, to insert the following: “Treatment of persons lacking capacity to consent, or otherwise, under Chapter 3 46. (1) Where, prior to his or her involuntary admission or following an application under Section 48, an involuntarily admitted person is declared under Part 5 of the Act of 2015 to lack capacity to consent to or refuse a proposed treatm…

This section has been deleted by way of Committee Stage amendment and instead has been placed into the new section 48.

I am sorry, but which section did the Deputy mention? We are on-----

We are only on section 46 now.

I move amendment No. 140: In page 58, after line 40, to insert the following: “Administration of treatment following admission 47. (1) Subject to subsections (2), (3), (4), (5) and (8), where, following the making of an involuntary admission order— (a) a person is assessed under Section 45 as lacking capacity to consent to or refuse treatment, or (b) a capacity assessment or a second capacity…

I am a little thrown. I believe we have already discussed amendment No. 140 under amendments Nos. 136 to 146. I stand open to correction. Perhaps we have not.

We have already discussed amendment No. 140. We discussed amendments Nos. 131 to 134 and Nos. 136 to 146.

I will try to respond to the Deputy then. I am somewhat trí na chéile trying to find the right section.

I move amendment No. 141: In page 58, after line 40, to insert the following: “Application to Circuit Court in certain circumstances 48.Where an involuntarily admitted person has been assessed as lacking capacity to consent to or refuse a proposed treatment under Section 45 and there is not— (a) a decision-making representative appointed under the Act of 2015 duly authorised to make decisions …

I move amendment No. 142: In page 58, after line 40, to insert the following: “Treatment without consent pending Circuit Court determination 49.(1) Without prejudice to the generality of Section 43, treatment specified in subsection (2), may be given to the involuntarily admitted person concerned where— (a) an application has been made to the Circuit Court in relation to an involuntarily admit…

I move amendment No. 143: In page 58, after line 40, to insert the following: “Application to High Court for treatment order in certain circumstances* 50.(1) Where treatment cannot be administered to an involuntarily admitted person because the person— (a) has capacity to make decisions about his or her treatment but refuses to consent to the treatment concerned, or (b) has a relevant decisio…

I move amendment No. 144: In page 58, after line 40, to insert the following: “Electro-convulsive therapy 51. (1) Subject to subsection (2), electro-convulsive therapy shall not be administered to a person unless he or she gives consent in writing to the administration of the therapy. (2) Where the person has been found to lack capacity to give consent to a proposed treatment under Section 45,…

I move amendment No. 147: In page 63, line 29, after “after” to insert “the initiation of”. I do not intend to support amendment No. 148. I believe it is unnecessary because section 56 already states that a restrictive practice cannot be applied except in accordance with that section and regulations made under section 57. Just for that reason; it is already there. I cannot accept amendment No. …

We looked carefully at amendment No. 149. I had to take advice from the Office of the Parliamentary Counsel. Initially I thought that we would be able to accept it but "in the care of" is used 11 times in the Bill already. Seclusion and restraint, as the Deputy said, are some of the most serious infringements on bodily rights. Under careful consideration, the Office of the Parliamentary Counsel an…

I move amendment No. 150: In page 65, between lines 4 and 5, to insert the following: “(c) where it is the least restrictive practice possible in the circumstances,”.

I move amendment No. 151: In page 65, line 15, to delete “view” and substitute “opinion”.

I move amendment No. 152: In page 65, line 18, to delete “registered acute mental health centre or designated centre” and substitute “registered proprietor of a registered acute mental health centre or designated centre”.

I move amendment No. 153: In page 65, line 22, to delete “centre” and substitute “registered acute mental health centre or designated centre”.

I move amendment No. 154: In page 65, between lines 33 and 34, to insert the following: “(5) A registered proprietor of a registered acute mental health centre or designated centre shall ensure that the Commission is notified, in the form and manner specified by the Commission and within the period specified by the Commission, of each application of a restrictive practice in respect of a person …

I move amendment No. 155: In page 65, line 35, after “Minister,” to insert “and following consultation with the Minister and the Minister for Justice,”.

I move amendment No. 156: In page 66, to delete lines 4 to 6 and substitute the following: “(c) the interaction of the application of a restrictive practice and the guiding principles;”.