Oireachtas Joint and Select Committees

Wednesday, 3 July 2013

Committee on Health and Children: Select Sub-Committee on Health

Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed)

11:30 am

Photo of James ReillyJames Reilly (Dublin North, Fine Gael) | Oireachtas source

I understand the Mental Health Act refers to a person who has been committed against his or her wishes, or involuntarily, to a mental health institution and who disputes the right of the clinician to have made that decision. Therefore, its reference to "reasonable care" is appropriate because the person is "in care". My amendment in today's Bill is about forming an opinion for the purpose of certification, which is different. The terms "reasonable good faith" and "reasonable opinion" are more appropriate than "reasonable care" because the latter does not apply in the same way as in the Mental Health Act 2001. My colleague will now comment.

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