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

I submitted amendments Nos. 173 and 178. The issue of restraint of relevant persons is addressed by reference to restrictions on decision-making representatives in section 27 of the Bill. Following representations from Mental Health Reform, I understand it considers it is imperative that the provisions permitting restraint of a person by a decision-making representative should be strictly construed and should explicitly require that the decision-making representative acts in a manner consistent with the principles of the Bill. The provision should only allow restraint where this is the least restrictive measure to prevent harm.

Mental Health Reform considers the definition of "restraint", as provided for in section 27(6), should be extended to include the use of chemical restraints and considers it necessary to ensure that a specific provision be included in section 54, dealing with informal decision-making to specifically prohibit an informal decision-maker from doing an act that is intended to restrain the relevant person. My amendments deal with these issues.