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 decision-making representat…
TDs / Mary Butler
Mary Butler
Minister of State at the Department of the Taoiseach with special responsibility as Government Chief Whip; and the Department of Health with responsibility for Mental Health
Portrait: Mary Butler (CC BY 4.0) · source file
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Party, constituency and offices
- constituency Waterford 29 November 2024 to now
- party Fianna Fáil 29 November 2024 to now
- office Minister of State at the Department of the Taoiseach with special responsibility as Government Chief Whip; and the Department of Health with responsibility for Mental Health 23 January 2025 to now
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, then the provisions…
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. 149 following discus…
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 and the Attorney Gener…
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 in that registered a…
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;”.
I inform the Deputies present that section 59 provides for the application of the relevant provisions of the Child Care Act 1991 to proceedings involving the courts in this Bill. I will move further amendments in this regard on Report Stage. I just wanted to flag this point.
We did speak about this aspect last week. I explained to Deputy Clarke, and she took on board, that that amendment was ruled out of order not by me but by the Bills Office. It is important to state that good progress has been made over many years. Last year, for example, five young people aged 17 plus were admitted, with the consent of their parents, to adult psychiatric wards for a short time. We are in June now, an…
I move amendment No. 158:
In page 69, line 13, to delete “view” and substitute “opinion”.
I move amendment No. 167:
In page 74, between lines 37 and 38, to insert the following:
“(b) the Commission,”.
I move amendment No. 168:
In page 77, after line 42, to insert the following:
“(8) The Executive shall notify the Commission, in the form and manner specified by the Commission, of the decision to involuntarily admit or the decision not to involuntarily admit a child under this section.”.
I move amendment No. 170:
In page 78, line 6, before “take” to insert “take all reasonable measures necessary to”.
I move amendment No. 171:
In page 78, line 12, to delete “a Superintendent or Chief Superintendent” and substitute “a member of An Garda Síochána not below the rank of Inspector”.
I move amendment No. 172:
In page 78, to delete lines 20 to 25 and substitute the following:
“(4) Where a member of An Garda Síochána takes a child into custody under subsection (1) and the parents of the child, or either of them, or guardian, or, in the case of a child the subject of a care order, the Child and Family Agency are contacted, the child shall be released into the care of that person or persons, unless…
I move amendment No. 173:
In page 78, to delete lines 26 to 30.
I move amendment No. 175:
In page 78, line 38, to delete “view” and substitute “opinion”.
I move amendment No. 176:
In page 78, lines 39 and 40, to delete “it is unsafe or not in the best interests of the child to release the child into the care of that person or persons” and substitute the following:
“there is an immediate and serious risk to the health or welfare of the child by releasing the child into the care of that person or persons”.
I move amendment No. 177:
In page 78, line 41, to delete “shall arrange for the child to be released” and substitute “may request that the child be released”.
I move amendment No. 178:
In page 79, between lines 2 and 3, to insert the following:
“(7) Where the member or members of An Garda Síochána make a request to the Executive under subsection (6), the Executive shall comply with the request as soon as practicable.”.
I move amendment No. 179:
In page 79, line 7, to delete “view” and substitute “opinion”.