Maria Corrigan (Fianna Fail)

I congratulate the Minister of State and I wish her well. She is highly regarded in the area of mental health for her efforts. Speaking from my own professional and personal experience I have seen the benefits ECT has had on patients. It is important to stress that one is talking about a small number of patients and that the treatment is always used as a last resort. In such situations things are dark and bleak and the patient might not be in a position to give consent. I heard the points made by colleagues and I listened with great interest to what Senator O'Toole said, that this should not be a debate about ECT, that it should be about whether someone who is unwilling to have ECT should have it. It is important that people who would benefit from ECT would not be prevented from having access to the treatment as it only ever used as an absolute last resort.

I have seen the situation at first hand. I have seen how people's lives were affected and the life that potentially lay ahead for them. I have also seen how people had an opportunity to enjoy life following treatment with ECT. Thankfully, it does not happen to many people but empirical evidence exists and clinical studies have been carried out to show that the treatment works. Senator Prendergast's amendment to delete the word "unwilling" is welcome. That will address the points made by Senator O'Toole. It is important when someone is unwilling to have ECT that his or her view is respected.

I was also struck by the comment Senator O'Toole made on second opinions. I am sure there was no intention to be disingenuous. Most people are professionals and I would hope that if someone were asked for a second opinion, his or her professional integrity would be such that he or she would give it without regard to the position taken by his or her colleague. While I cannot speak for psychiatrists, whenever I have been asked for a second opinion as a psychologist, I have always taken it seriously, regardless of who gave the first opinion, be it a colleague or someone working in another organisation. I have approached the issue with the utmost integrity and given my opinion independent of my colleague's opinion.

I welcome the press release and submissions made by the College of Psychiatry to the effect that its members would respect and support the decision of anyone who had the capacity to refuse the treatment. My concern is how we define and determine capacity. That area must be addressed as a matter of urgency. Apart from the arguments on ECT, mental capacity is an issue that has implications for basic decisions all of us take for granted, especially for those who suffer from mental health difficulties, adults with intellectual disability, adults with acquired brain injury and adults who acquire age related disorders. The issue affects people's human rights.

From the constant lobbying I was in a position to undertake in recent years, I am aware that a Mental Capacity and Guardianship Bill has been completed. It has required an enormous amount of work as it has had to link in with much existing legislation. While I support Senator Prendergast's amendment, it is of the utmost urgency that the legislation would be accompanied by the Mental Capacity and Guardianship Bill. I urge the Minister of State to take that into account.