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

Section 6 of the Bill proposes an amendment to section 57 of the Mental Health Act 2001 under the heading "Treatment not requiring consent". Deputy Browne has tabled an amendment to his original wording, separating out consent for a voluntary patient and consent for an involuntary patient. The intention behind the amendment seems clear in that it expands the existing section 57 of the 2001 Act to ensure that the consent of a voluntary patient is also required for treatment. My Department and I have no difficulty introducing this clarity and the expert group review of the 2001 Act went further in suggesting that the right of voluntary patients to refuse treatment should be explicitly stated.

Section 2.18 of the expert group review examines in some detail the issue of consent to treatment. My officials would like more time to examine if other related amendments suggested by the expert group should be introduced at the same time as this proposed amendment.

We need to be mindful of any unintended consequences of the amendments we are considering today. It is important that before we nail our colours to the mast when amending text that we are certain of the effects of the changes proposed. We must also factor in consideration of the effects of the Assisted Decision-Making (Capacity) Act 2015 on the Mental Health Act 2001 in this regard.

It is for these reasons that it is my intention to revisit this amendment on Report Stage.