Oireachtas Joint and Select Committees
Tuesday, 16 November 2021
Joint Committee On Health
General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission
Mr. Gary Kiernan:
That is just it. The revised scheme provides much clearer direction in respect of all of the categories of restrictive practices, including seclusion and mechanical, physical and chemical restraint. It requires the commission to develop rules in respect of each category of restrictive practice. As Mr. Farrelly pointed out, we have gone through a public consultation in that regard. We are undergoing a process to underpin those rules with rigorous evidence and literature review to ensure they are clear to everybody, that they are workable in approved inpatient facilities and that they require people to use restraint only as a very last resort when they have demonstrated that all other appropriate alternatives have been considered. When we have those rules in place, we will have a very clear footing to take appropriate enforcement action, whether prosecution or otherwise, where there is non-compliance with those rules. Those rules should be taken in the context of the existing reduction and elimination strategy which the commission has in place to guide providers on how they approach the use of seclusion and restraint.
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