Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

Amendment No. 250 is in line with recommendations from Mental Health Reform to address the concern in respect of the position of incapacitated but compliant patients who are subjected to informal decision-making. Mental Health Reform considers it imperative that measures would be included in the Bill to protect against the inappropriate and-or persistent use of informal decision-making, in particular with regard to persons who are resident in mental health facilities and-or in respect of patients in approved centres. In its submission to the Oireachtas Joint Committee on Justice, Defence and Equality, Mental Health Reform also drew particular attention to the issue of over-prescription of high dosage medication and anti-psychotic medication as well as the overuse of polypharmacy for people with mental health conditions. Mental Health Reform is concerned to ensure the legislation does not permit informal decision-makers to take decisions that involve the administration or authorisation of prescription medication to persons who are not consenting or lack the capacity to consent to the administration of such medication.

This amendment seeks to address these concerns.