James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 1:

In page 5, to delete lines 4 to 10 and substitute the following:“ “(1) The consent of a voluntary patient shall be required for treatment.

(2) The consent of an involuntary patient shall be required for treatment except where, in the opinion of the consultant psychiatrist responsible for the care and treatment of thepatient, the treatment is necessary as a last resort to safeguard the life of the patient, to restore his or her health, to alleviate his or her condition, or to relieve his or her suffering, and by reason of his or her mental disorder the patient concerned is incapable of giving such consent.”.”.

This is a relatively minor amendment that seeks to clarify and make clear that which is implied in the Mental Health Act 2001. The amendment proposes to remove any possible ambiguity that the consent of a voluntary patient is required for necessary treatment.