Seanad debates

Wednesday, 23 March 2011

Mental Health (Involuntary Procedures) (Amendment) Bill 2008: Committee Stage (Resumed)

 

5:00 pm

Photo of Phil PrendergastPhil Prendergast (Labour)

I move amendment No. 1:

In page 3, before section 2, to insert the following new section:

"2.—Section 59 of the Mental Health Act 2001 is amended in subsection (1)(b) by the deletion of "or unwilling".".

It gives me great pleasure to welcome the Minister of State, Deputy Kathleen Lynch, to the House; it is a great honour to do so. I wish her well in her tenure as Minister of State and I am sure she will do well in her brief.

I welcome the opportunity to contribute to the debate. Section 59(1)(b) of the Mental Health Act 2001 allows for the administering of ECT in cases in which a person is either unwilling or unable to consent. I am cognisant of the human rights issues involved. In preparing for this debate I referred to many submissions made in this regard. In addition, I must declare an interest in that I have a close relative who works in the psychiatric services and has done so for over 30 years.

The statement made by the College of Psychiatry in Ireland contains a strong proposal that rather than deleting section 59(1)(b), we amend it to delete the words "or unwilling" in order that the other aspects of the provision will be retained in the legislation. Section 59(1) states a detained person can be given ECT with his or her written consent, or, if the person is unable or unwilling to give consent, if his or her consultant psychiatrist jointly approves, with a second opinion from another psychiatrist, a programme of ECT.

There are many diverse views on ECT and it is possible to hear arguments on each side. In my professional career I have met people who have benefited greatly from it and, therefore, consider it to be a positive option in a very limited number of cases. It is important for me to say I have seen the outcomes. I understand there are situations where people do not have full information, a person is perceived to have received the treatment without consent, or a person is not able to consent. There are diverse opinions in this regard.

The College of Psychiatry in Ireland also recommends enhanced oversight of ECT by the Mental Health Commission. It is of benefit for bodies such as the Mental Health Commission to be involved in procedural issues.

I welcome the opportunity to consider the issue of psychiatric services and treatments. There is controversy over measures that seem to help in some ways but about which negative effects have been reported. I realise this is a difficult subject, but I am delighted to speak about it today.

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