Mary Butler

I move amendment No. 240: In page 128, lines 23 and 24, to delete “period of 5” and substitute “period of no more than 5”.

I move amendment No. 241: In page 128, lines 25 and 26, to delete “period of 5” and substitute “period of no more than 5”.

I move amendment No. 242: In page 133, line 31, to delete “sections” and substitute “section”.

I move amendment No. 243: In page 134, line 17, to delete “sections” and substitute “section”.

I move amendment No. 244: In page 134, line 37, to delete “and to the Commission”. These amendments remove the reference to the Mental Health Commission from the notification of day-to-day operations of the registered mental health service in section 164(3)(b). Compliance with the Act in this section has been moved to section 164(3)(d). It is not appropriate for the Mental Health Commission to b…

I move amendment No. 245: In page 134, line 39, to delete “, including in relation to any compliance with this Act”.

I move amendment No. 246: In page 135, to delete lines 4 and 5 and substitute the following: “(d) liaising with the Commission from time to time, including in relation to compliance with this Act and when requested to do so by the Commission.”.

Unfortunately, I am not in a position to support this amendment. The expert review of the Mental Health Act did not recommend that a profession other than a consultant psychiatrist could become a clinical director of a service. Uniquely among health professionals, doctors have full clinical responsibility for people under their care and are similarly liable for a person's care. It may be that a fu…

I move amendment No. 249: In page 136, line 5, after “may” to insert “, with the approval of the Commission,”. These amendments provide for the approval of the Mental Health Commission to be given to inspectors in sections 166(1) and 166(3) in relation to compliance notices.

I move amendment No. 250: In page 136, line 17, after “may” to insert “, with the approval of the Commission”.

I am not going to support this amendment because I believe it is unnecessary. We are currently in the second year of a three-year implementation plan for Sharing the Vision. This is the second of three such implementation plans over the lifespan of this policy. Furthermore, it would be inappropriate for the Minister to be answerable to the Mental Health Commission because it is the regulator. Inst…

I move amendment No. 253: In page 145, lines 14 and 15, to delete “may, and, at the request of the Minister, shall” and substitute “may, and at the request of the Minister shall,”. These amendments concern typographical errors that need correcting. Amendment No. 255 removes the reference to section 76 in relation to absence with leave of a child. It is now included along with the reference to ab…

I move amendment No. 254: In page 145, line 18, to delete “16 years and over” and substitute “16 years or older”.

I move amendment No. 255: In page 145, line 25, after “section 38” to insert “or 76”.

I move amendment No. 256: In page 146, lines 33 and 34, to delete all words from and including “(1) For the” in line 33 down to and including line 34 and substitute the following: “(1) An advanced electronic signature may be used for the purpose of any signature under this Act.”. These are technical amendments to include the term "advanced" in this section on electronic signatures and their use…

I move amendment No. 257: In page 146, line 35, after “of” to insert “advanced”.

I move amendment No. 258: In page 147, line 7, to delete “that assessment no later than 14 days after that person’s admission” and substitute the following: “that assessment, no later than 14 days, or such shorter period as may be prescribed, after the date of that person’s admission”. The following amendments have been grouped, as the Ceann Comhairle has said. Some stakeholders raised concerns…

I move amendment No. 259: In page 147, to delete lines 17 to 22 and substitute the following: “(3) A member of a person’s multidisciplinary team, after consultation with other members of that team, shall— (a) review the care plan on a regular basis with the frequency of review based on the individual needs of the person concerned, and (b) where necessary or relevant, revise the care plan after…

I move amendment No. 260: In page 147, line 36, after “days” to insert “, or such shorter period as may be prescribed”.

I move amendment No. 261: In page 148, line 10, after “regard” to insert “, in accordance with the guiding principles,”.

I move amendment No. 262: In page 148, line 21, to delete “sections” and substitute “section”.

I move amendment No. 263: In page 148, between lines 29 and 30, to insert the following: “(5) A member of a child’s multidisciplinary team shall consult with other members of that multidisciplinary team when preparing or revising a care plan.”.

I move amendment No. 265: In page 149, to delete lines 1 and 2 and substitute the following: “(a) the form of a care plan;”.

I move amendment No. 266: In page 150, line 32, to delete “a person” and substitute “an adult”. Amendments Nos. 266 to 269, inclusive, have been grouped. These amendments relate to the section providing for nominated persons. When a person is in a registered acute mental health centre, they may nominate a person of their choosing to act as their nominated person. This is new and is something tha…

I move amendment No. 267: In page 151, to delete lines 12 to 17 and substitute the following: “(6) The responsible consultant psychiatrist or the relevant health professional who orders, initiates or applies a restrictive practice shall have due regard to— (a) the will and preferences of the person regarding the application of a restrictive practice, and (b) the view of any nominee in relation…