Phil Prendergast (Labour)

There is no question about that and an issue is not raised. However, and this might address the concerns expressed, where a patient is genuinely unable to consent there is no reason for an absolute legal rule prohibiting any one form of medical treatment. Someone else must make a competent decision on behalf of a person or patient who is unable to consent. This is where Senator Boyle's Bill goes too far. Our amendment, which would replace the existing section 2, strikes the right balance. The Bill, as proposed to be amended, would leave in place the power of a competent person to consent to ECT thereby recognising its potential use as a practice in psychiatry but would preclude any person receiving it who was unable to consent. This is logical and the amendment avoids this anomaly.