Mary Butler
Waterford · Fianna Fáil · Ireland
“Major improvements are happening across services: enhanced access to proactive and preventive healthcare to support a better quality of life; the embedding and upscaling of women's health initiatives put in place through the implementation of the previous women's health action plans, including, as the Senator knows, free contraception, sp…”
“In relation to any proposal, a proposal for a new location requires a detailed business case, a premises, support from the regional HSE management, and the necessary funding to resource the staffing of the service. That is where I come into it and what I will be trying to do.”
“We are currently working closely with it to support the expansion of Jigsaw services to Waterford and the south east, as well as to County Clare. The location of Waterford was picked because we have no services in the south east at all. It is great that we will have the hub and spoke model the Senator spoke about.”
“That is where I do not agree with the Senator. I believe €180 million of funding ring-fenced for women's health, when we have come from a low base, is absolutely unbelievable.”
“The plan will build on our knowledge of women's health through research and innovation and will spotlight important areas such as endometriosis and cardiovascular health. Recently, the Minister announced €2 million in funding for women's health research.”
“This plan will continue to focus on how we can improve access to specialist endometriosis care and treatment. As the Senator knows, we have established two super-regional specialist centres, one in Tallaght University Hospital and another in Cork, alongside the development of five regional endometriosis hubs.”
The complete record
Every one of 2,499 lines we hold for Mary Butler, in date order, each linked to its source. Free to read, in full, without an account. Page 39 of 50.
“Considering the serious infringement on the bodily rights of a person involved in the use of a restraint or seclusion, these provisions were subject to extended, comprehensive consultation between Department officials and legal advisers, as well as with the HSE and the Mental Health Commission. The view was taken that a significant additional number of provisions on the use of restrictive practices would need to be included in the Bill compared with the existing Act. The provisions on restrictive practices in the Bill are greatly enhanced and are much more comprehensive in protecting and vindicating the rights of people on whom a restrictive practice might be used.”
“In the existing Mental Health Act, section 69 of the Act sets out very basic information regarding the use of seclusion and restraint. It states that the Mental Health Commission shall make rules in relation to seclusion and restraint, and any seclusion or restraint may only be applied if it has been determined "to be necessary for the purposes of treatment or to prevent the patient from injuring himself or herself or others and unless the seclusion or restraint complies with such rules." The expert group review recommended that the use of restrictive practices be used only as a last resort, that provisions on restrictive practices include manual-physical restraint and all forms of seclusion, and that the provisions explicitly apply to the Central Mental Hospital.”
“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 discussion with the Office of Parliamentary Counsel. "In the care of" is used 11 times in the Bill already. Seclusion and restraint are some of the most serious infringements on the bodily rights of a person and these provisions required extensive, careful consideration. "In the care of" is a term that is appropriate in this context.”
“(4) In particular,but without prejudice to the generality of subsection (3) , regulations under subsection (3) may provide for any or all of the following matters: (a) the administration of electro-convulsive therapy, including using the therapy with dignity and respect for the person; (b) assessment of persons prior to the administration of electro-convulsive therapy; (c) the interaction of the administration of electro-convulsive therapy and the guiding principles; (d) the records to be maintained in relation to the administering of electro-convulsive therapy to a person; (e) facilities and staff to be provided in a registered acute mental health centre or designated centre for the use of electro-convulsive therapy; (f) the training and experience of relevant health professionals or specified persons who are administering electro-convulsive therapy; (g) clinical governance of the use of electro-convulsive therapy, including written policies by a registered acute mental health centre or designated centre on the use of electro-convulsive therapy; (h) communication with a nominated person regarding the use of electro-convulsive therapy; (i) any other matters which are necessary or expedient for the purposes of giving effect to subsection (3) .”.”
“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 of Section 46 shall apply. (3) The Commission shall, with the consent of the Minister, following consultation with the Minister and the Minister for Justice, make regulations providing for the use of electro-convulsive therapy in a registered acute mental health centre or a designated centre.”
“(7) An application to the High Court made under subsection (1) or (4) shall be deemed to be withdrawn where the involuntarily admitted person concerned is no longer subject to an involuntary admission order or renewal order under this Act.”.”
“(5) Where an application to the High Court has been made under subsection (1) or (4) , treatment may be administered to the involuntarily admitted person prior to the hearing of the application, for a period of 72 hours after its initiation or until the hearing of the application by the High Court, whichever is sooner, where, in the opinion of the responsible consultant psychiatrist, the person the subject of the application meets all of the criteria set out in subparagraphs (i) to (iv) of subsection (1)(b) . (6) A treatment order shall, subject to any directions of the High Court, have effect for period not exceeding 3 months.”
“(3) Where an application for a treatment order is before the High Court, the Court may, pending its determination on the application, of its own motion or on the application of any person, give such interim directions as it sees fit as to the care and treatment of the person who is the subject of the application but any such direction shall cease to have effect immediately on the determination by the Court of the application before it. (4) An application may be made by or on behalf of the responsible consultant psychiatrist to the High Court to renew a treatment order made under this Section, subject to any directions of the Court, where the involuntarily admitted person the subject of the treatment order continues to satisfy the criteria in subsection (1) .”
“(2) A refusal to consent to the treatment referred to in subsection (1) may be withdrawn at any time, and any application made to the High Court under that subsection may be withdrawn, where— (a) the person has capacity and decides to withdraw his or her refusal and to now consent to the treatment, (b) the decision-making representative withdraws his or her refusal to consent to the treatment and now consents to the treatment, or (c) the relevant designated healthcare representative appointed under a valid and relevant advance healthcare directive has authority within the appointing directive to do so, he or she determines that it is now the will and preference of the person that the refusal be withdrawn and treatment be consented to.”
“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 representative, or has a valid and relevant advance healthcare directive or a relevant designated healthcare representative appointed under an advance healthcare directive relevant to the treatment concerned and that representative refuses to consent to the treatment concerned or the advance healthcare directive specifies that there is not consent to the treatment concerned, an application may be made by or on behalf of the responsible consultant psychiatrist to the High Court specifying the proposed treatment and seeking an order to administer the treatment concerned to the person (in this Section referred to as a “treatment order”) where all of the following apply, namely: (i) the treatment concerned is immediately necessary for the protection of life of another person or persons, or necessary for protection from an immediate and serious threat to the health of another person or persons; (ii) the involuntarily admitted person requires the treatment concerned immediately; (iii) there is no alternative safe and effective treatment available; (iv) it is likely that the condition of the involuntarily admitted person will benefit from such treatment.”
“(5) Treatment may be administered to an involuntarily admitted person under this Section until such time, whichever is sooner, as any of the following occurs: (a) the Circuit Court makes a determination under Part 5 of the Act of 2015 in relation to an application under Section 48 ; (b) the person is discharged as an involuntarily admitted person; (c) the responsible consultant psychiatrist discontinues the treatment; (d) the person is assessed to have capacity to consent to or refuse treatment under Section 45 .”.”
“(3) A reference to treatment administered under subsection (1) shall not include treatment administered under Section 51 . (4) Subject to subsection (5) , the continued administration of treatment to an involuntarily admitted person under this Section shall be— (a) reviewed every 3 months by a consultant psychiatrist who is not involved in the care and treatment of the involuntarily admitted person concerned, and (b) where that consultant psychiatrist is of the opinion that the criteria in subsection (2) continue to apply, approved in a form and manner specified by the Commission.”
“(2) Treatment may be administered to a person under subsection (1) where— (a) such treatment is immediately necessary for the protection of life of the person or that of another person, (b) such treatment is necessary for protection from an immediate and serious threat to the health of the person, or that of another person, or (c) the person has a mental disorder, the nature and degree of which is such that— (i) he or she requires treatment immediately, (ii) the treatment required to be given to the person cannot be given to that person other than in a registered acute mental health centre, and (iii) the treatment of the person concerned would be likely to benefit the condition of that person, and there is no alternative safe and effective treatment available.”
“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 admitted person under Section 48 but no determination has yet been made in relation to the application, or (b) after the initial treatment period and any further treatment period, a capacity assessment or a second capacity assessment is being carried out under Section 45 but an application to the Circuit Court under Section 48 has not yet been made.”
“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 relevant to the person’s mental healthcare and treatment, (b) a valid advance healthcare directive in respect of the person which is relevant to the specific treatment proposed, or (c) a decision-making order made by the Circuit Court under Section 38 of the Act of 2015 which is relevant to the specific treatment proposed, an application shall be made by or on behalf of the responsible consultant psychiatrist to the Circuit Court under Part 5 of the Act of 2015 prior to any treatment, other than treatment provided under Section 47 , 49 or 50 , being provided to the involuntarily admitted person.”.”
“(6) Where Section 48 applies and a person is receiving treatment under subsection (1) or (3) , the application referred to in Section 48 shall be made by the responsible consultant psychiatrist before the expiry of the initial treatment period or further treatment period, as the case may be. (7) Where a responsible consultant psychiatrist proposes to administer treatment to a person beyond the initial treatment period or any further treatment period, such treatment may only be administered in accordance with Section 43 , 46 , 49 or 50 as the case may be. (8) A reference to treatment administered under subsection (1) shall not include treatment administered under Section 51 .”.”
“(5) Treatment may be administered to an involuntarily admitted person under subsection (1) or (3) until such time, whichever is the sooner, as any of the following occurs, upon which any initial treatment period or further treatment period shall cease: (a) the person is assessed to have capacity to consent to or refuse treatment under Section 45 ; (b) an application is made to the Circuit Court under Section 48 ; (c) the person is discharged as an involuntarily admitted person; (d) the responsible consultant psychiatrist discontinues the treatment; (e) the expiry of the initial treatment period or further treatment period.”
“(4) Where there is— (a) a decision-making representative appointed under the Act of 2015 duly authorised to make decisions relevant to an involuntarily admitted person’s mental healthcare and treatment, or (b) a valid advance healthcare directive in respect of an involuntarily admitted person which is relevant to the specific treatment, treatment under this Section may only be administered to that person in accordance with Section 46(1) or (2) , as the case may be.”
“(3) A responsible consultant psychiatrist may extend an initial treatment period for a further period not exceeding 21 days (in this Chapter referred to as a “further treatment period”), commencing on the date of the expiration of the initial treatment period, if— (a) he or she is of the opinion that the criteria in subsection (2) continue to apply in respect of the involuntarily admitted person, and (b) in advance of the expiration of the initial treatment period, another consultant psychiatrist who is not involved in the care or treatment of the involuntarily admitted person confirms, in a form and manner specified by the Commission, that he or she is also of the opinion that the criteria in subsection (2) continue to apply in respect of that person.”
“(2) Treatment may be administered to a person under subsection (1) where— (a) such treatment is immediately necessary for the protection of life of the person or that of another person, (b) such treatment is necessary for protection from an immediate and serious threat to the health of the person, or that of another person, or (c) the person has a mental disorder, the nature and degree of which is such that— (i) he or she requires treatment immediately, (ii) the treatment required to be given to the person cannot be given to that person other than in a registered acute mental health centre, and (iii) the treatment of the person concerned would be likely to benefit the condition of that person, and there is no alternative safe and effective treatment available.”
“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 assessment is being carried out under Section 45 , but that assessment has not been completed, treatment may be administered to the person concerned for a period not exceeding 21 days from the date of making of the involuntary admission order (in this Chapter referred to as the “initial treatment period”).”
“(4) Where an involuntary admitted person has been assessed to lack capacity to give consent to or refuse treatment under Section 45 and subsection (1) and (2) do not apply, treatment may be administered to him or her in accordance with Section 47 , 48 or 49 , as the case may be. (5) Where treatment is administered to an involuntarily admitted person without consent under this Chapter, the absence of consent and details of the treatment or treatments shall be noted in the medical record of the person.”.”
“(2) Where an involuntarily admitted person has been assessed to lack capacity to give consent to or refuse treatment under Section 45 and there is a valid advance healthcare directive in place in respect of the person, which is relevant to the specific treatment proposed, the treatment may be administered to him or her if a provision of the directive, or a designated healthcare representative duly authorised under the directive, provides for consent to the specific treatment proposed. (3) A decision-making representative or a designated healthcare representative duly authorised to represent an involuntarily admitted person in respect of that person’s mental healthcare and treatment shall perform his or her functions in accordance with the Act of 2015.”
“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 treatment, the treatment may be administered to him or her if— (a) in a case where there is a decision-making representative duly authorised by the Circuit Court to make decisions relevant to the person’s mental healthcare and treatment, the decision-making representative concerned consents to the treatment proposed in accordance with the Act of 2015, and (b) in a case where the Circuit Court has made a decision-making order under Section 38 of the Act of 2015, the order of the Court provides for consent to the specific treatment proposed.”
“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. 134: In page 57, between lines 27 and 28, to insert the following: “(5) Each consent to or refusal of treatment under this Chapter shall be made in relation to the specific treatment proposed a person shall not make a decision that has the effect (whether intentional or otherwise) of providing general consent to or, as the case may be, general refusal to consent to all forms of treatment without considering each specific treatment proposed.”.”
“I move amendment No. 133: In page 57, to delete line 21 and substitute the following: “(2) Subject to Sections 47 , 49 and 50 , a person may, at any time do either or both of the following: (a) refuse any treatment proposed to him or her; (b) withdraw his or her consent to any treatment.”.”
“I move: That Dáil Éireann, pursuant to Standing Order 33, and with effect from 18th June, 2025, approves the Third Report of the Standing Committee of Selection, copies of which were laid before Dáil Éireann on 12th June, 2025, and discharges a member from a Committee and appoints a member to a Committee accordingly.”
“I am already very much minded to have legislation Fridays in the next few weeks. We can discuss it at the meeting of the Business Committee on Thursday. I will not be accepting the proposed amendments.”
“I have heard what the Whips said. Regarding what Deputy Mac Lochlainn said, an additional 60 minutes will be provided for Committee and Remaining Stages of the Residential Tenancies (Amendment) Bill 2025. Second Stage of the Bill will be 214 minutes, or 3 hours and 34 minutes, and a further two hours will be provided for the Committee and Remaining Stages, which is a total of 5 hours and 34 minutes tomorrow afternoon. I am hearing what all the Deputies are saying about additional statements. We might have to look at having sittings on Fridays because there is just not enough time - three days a week - to facilitate everything required.”
“in relation to the proceedings on the Second Stage of the Copyright and Related Rights (Amendment) Bill 2025, the following arrangements shall apply: ( a ) subject to subparagraph (ii), the proceedings shall, if not previously concluded, be interrupted and stand adjourned after 3 hours and 24 minutes and the order of speaking and allocation of time shall be as follows: (i) the arrangements for the first speaking round shall be in accordance with those contained in the table immediately below (to be read across, not down); (ii) where speeches conclude before the 3 hours and 24 minutes have elapsed and no other member is offering, a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed 10 minutes; and (iii) members may share time; and ( b ) the proceedings shall not be resumed on Thursday.”
“and shall in any event be taken on the adjournment of proceedings on Second Stage of the Copyright and Related Rights (Amendment) Bill 2025, or where those proceedings conclude within the allotted time, on the conclusion thereof, with consequential effect on the commencement time for Second Stage of the Healthcare (Transparent Payments) Bill 2022 and on the time for the adjournment of the Dáil; and 2.”
“the resumed proceedings on Committee Stage of the Mental Health Bill 2024 shall be taken on the conclusion of the proceedings on the Residential Tenancies (Amendment) Bill 2025 and, if not previously concluded, shall be interrupted and stand adjourned either at 9 p.m., or after 2 hours and 30 minutes, whichever is the later, and shall not be resumed on Wednesday. In relation to Thursday’s business, it is proposed that: 1. the ordinary routine of business as contained in Schedule 3 to Standing Orders shall be modified to the extent that topical issues may be taken earlier than 7.24 p.m.”
“in relation to the Residential Tenancies (Amendment) Bill 2025, the following arrangements shall apply: ( a ) the proceedings on Second Stage shall be brought to a conclusion after 3 hours and 34 minutes and the following arrangements shall apply: (i) the arrangements for the first speaking round shall be in accordance with those contained in the table immediately below (to be read across, not down); (ii) on the conclusion of the first speaking round or where speeches conclude before the 3 hours and 24 minutes have elapsed and no other member is offering, a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed 10 minutes, whereupon proceedings shall be brought to a conclusion; (iii) members may share time; and (iv) any division claimed on the Second Stage proceedings shall be taken immediately; and ( b ) the proceedings on Committee and remaining Stages shall be taken on the conclusion of the Second Stage, and shall, if not previously concluded, be brought to a conclusion after 60 minutes by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Housing, Local Government and Heritage; and Gov SF Lab Gov SF Mins 20 20 20 12 4 SD Gov SF IPTG Gov Mins 20 12 4 20 12 SF ITG Gov SF OM Mins 4 20 12 4 20 4.”
“and shall adjourn on the conclusion of the weekly division time; and ( b ) the time allotted for Government Business shall be extended in accordance with the arrangements for that business, with consequential effect on the commencement time for the weekly division time, which may be taken on the adjournment of the resumed proceedings on the Mental Health Bill 2024: Provided that where the proceedings on that Bill conclude within the allotted time, the weekly division time shall be taken on the conclusion thereof, with consequential effect on the time for the adjournment of the Dáil; 2. the proceedings on the Motion for a Financial Resolution relating to the Finance (Local Property Tax and Other Provisions) (Amendment) Bill 2025 shall be taken without debate; 3.”
“Gov SF Lab Gov SF Mins 20 20 20 12 4 SD Gov SF IPTG Gov Mins 20 12 4 20 12 SF ITG Gov SF OM Mins 4 20 12 4 20 In relation to Wednesday’s business, it is proposed that: 1. the ordinary routine of business as set out in Schedule 3 to Standing Orders is modified to the following extent: ( a ) the Dáil may sit later than 9.30 p.m.”
“the proceedings on the Second Stage of the Finance (Local Property Tax and Other Provisions) (Amendment) Bill 2025 shall be brought to a conclusion after 3 hours and 34 minutes and the following arrangements shall apply: ( a ) the arrangements for the first speaking round shall be in accordance with those contained in the table immediately below (to be read across, not down); ( b ) on the conclusion of the first speaking round or where speeches conclude before the 3 hours and 24 minutes have elapsed and no other member is offering, a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed 10 minutes, whereupon proceedings shall be brought to a conclusion; and ( c ) members may share time.”
“the proceedings on the Motion re Presentation and Circulation of Revised and Second Further Revised Estimates [Votes 11 to 19, 23, 24, 26 to 30, 32 to 34, 39, 42 and 43] shall be taken without debate and any division claimed thereon shall be taken immediately; 3. the proceedings on the Motion for a Financial Resolution relating to the Social Welfare (Bereaved Partner’s Pension) Bill 2025 shall be taken without debate; 4. the proceedings on the Motion re Third Report of the Standing Committee of Selection shall be taken without debate; and 5.”
“the ordinary routine of business as contained in Schedule 3 to Standing Orders shall be modified to the following extent: ( a ) the Dáil may sit later than 10.48 p.m.; ( b ) the time allotted for Government Business shall be extended in accordance with the arrangements for that business, with consequential effect on the commencement time for private members' business, which may be taken later than 6.12 p.m.; and ( c ) private members’ time shall in any event be taken on the conclusion of the Second Stage of the Finance (Local Property Tax and Other Provisions) (Amendment) Bill 2025, with consequential effect on the commencement times for the items following in the ordinary routine of business, namely, Parliamentary Questions to the Minister for Children, Disability and Equality, and topical issues; 2.”
“Thursday's business shall be Copyright and Related Rights (Amendment) Bill 2025 (Second Stage) (if not previously concluded, to adjourn after 3 hours and 24 minutes). Thursday evening business shall be the Second Stage of the Healthcare (Transparent Payments) Bill 2022, sponsored by Deputy Darren O’Rourke. Proposed Arrangements for this week’s business: In relation to Tuesday’s business, it is proposed that: 1.”
“Wednesday's business shall be: - Finance (Local Property Tax and Other Provisions) (Amendment) Bill 2025 - Financial Resolution (without debate) - Residential Tenancies (Amendment) Bill 2025 (Second and remaining Stages) (Second Stage to conclude after 3 hours and 34 minutes and any division claimed to be taken immediately; Committee and remaining Stages to conclude within 60 minutes) - Mental Health Bill 2024 (Committee Stage, resumed, section 43) (if not previously concluded, to adjourn either at 9 p.m. or after 2 hours and 30 minutes, whichever is the later) Wednesday’s private members' business shall be the Motion re Public Transport Experience, selected by the Independent and Parties Technical Group.”
“I move: Tuesday's business shall be:- - Motion re Presentation and Circulation of Revised and Second Further Revised Estimates [Votes 11 to 19, 23, 24, 26 to 30, 32 to 34, 39, 42 and 43] (without debate and any division claimed to be taken immediately) - Social Welfare (Bereaved Partner’s Pension) Bill 2025 - Financial Resolution (without debate) - Motion re Third Report of the Standing Committee of Selection (without debate) - Finance (Local Property Tax and Other Provisions) (Amendment) Bill 2025 (Second Stage) (to conclude after 3 hours and 34 minutes) Tuesday's private members' business shall be Motion re Emergency Action on Housing and Homelessness, selected by Sinn Féin.”
“Four hours is enough. We will be back next week. I thank all the Members for the positive engagement so far. We have covered a huge amount of ground. I thank the Leas-Cheann Comhairle for being here for most of the debate.”
“In some of the commentary in the past few weeks, people were not aware of the amendments, because that is just the way the system works, whereas now I hope that when they see the amendments and they see that they have been drafted in good faith to try to address the issues, they will realise that what we want is a Bill that is patient-focused but that is patient-centred and workable as well for those who deliver the care. We are talking about the most vulnerable people in society. Is our time up?”
“Deputy Rice's amendment relating to ECT and children will be discussed at a later date. I take on board what he said. I thank those opposite for their support. No legislation is perfect when it is first drafted. There are always going to be unintended consequences. We have to listen to the sector. It is important that the Bill will be operational. It will be no good otherwise. I thank my officials because there has been a huge amount of engagement since the Bill went through Second Stage last September. That work was ongoing during the time that we were off getting elected, and we did not have a government in place. I saw the list and there were more than 500 engagements. I saw the list of the amount of work that was carried out, which was unbelievable. It is important that we listen.”
“This means that any involuntarily admitted person lacking capacity may be treated, subject to the provisions of Part 3 Chapter 3, if he or she meets the criteria for involuntary admission.”
“Amendments to section 49 allow for treatment to be administered according to the treatment criteria of either risk or need for treatment while awaiting the determination stakeholders that the criteria for treatment for people who lack capacity in the amendments are different from the criteria for involuntary admission. On closer examination of the amendments, these stakeholders will clearly see that the criteria for admission and treatment are effectively the same. In fact, in relation to the risk criteria, the criteria for treatment are only that the person is at risk of serious and immediate harm to self or others and does not require the additional criteria for admission as set out in section 12( a )(ii).”
“Section 48 provides for an application to be made to the Circuit Court to seek the appointment of a decision-making representative or a decision-making order from the court to vindicate the will and preferences of the person lacking capacity. The amendments allow for that application to be made at any stage within the initial treatment period of 21 to 42 days but require that the application be made before the end of the period. The amendments also allow for treatment to be administered to an involuntarily admitted person lacking capacity prior to the application being made.”
“An initial 21-day treatment window is provided for in the amendments, which can be extended by one further period of 21 days where it is approved by a second consultant psychiatrist. The criteria under which a person can be treated within that initial treatment window has been expanded to include criteria based on the need for treatment. In the Bill as initiated, the criteria are restricted to risk of harm to self or others. Without amendment, this may give rise to scenarios where a person can be involuntarily admitted on the grounds of treatment but cannot be treated without consent on admission if they do not also meet the risk criteria. It should be noted that a person's capacity should be regularly assessed during their involuntary admission and if found to be capacitous, treatment cannot be given without their consent.”
“This section provides for applications for treatment orders to the High Court in very limited circumstances. Amendment No. 144 inserts a new section 51, which was formerly section 48 of the Bill as initiated. This section provides for the administration of ECT, subject to the consent of the person and only in accordance with the regulations made by the Mental Health Commission. Amendments to section 46 make clear that valid substitute decision-making arrangements must be respected if in place. Amendments to section 47 provide for treatment of involuntarily admitted people lacking capacity following their admission. Such people may be treated for a period of up to 42 days, increasing from 21 days in the Bill as initiated.”