Jim Daly (Cork South West, Fine Gael) | Oireachtas source

Section 5 deals with linking the issue of consent in the Mental Health Act 2001 more closely with section 3 of the Assisted Decision-Making (Capacity) Act 2015. This provides that a person's capacity should be construed functionally. This is broadly in line with what the expert group review recommended. I have said previously that while what is being proposed is reasonable it cannot come in to effect until the Assisted Decision-Making (Capacity) Act 2015 has actually commenced. There is now agreement that the Mental Health Act 2001 needs to be amended insofar as consent and many other matters are concerned. My officials and I need more time to ensure that a change of this nature does not require any other consequent changes to the Act that also need to be made at the same time.

Because the Assisted Decision-Making (Capacity) Act 2015 has not yet commenced we have time to examine this provision in more detail and I want to confirm that it is my intention to revisit it on Report Stage, with a view to introducing further linked amendments that, after examination, I may deem necessary.