Ms Áine Flynn:

The Senator mentioned access to the decision support service also. What we tend to say is that access to the supports under the Assisted Decision-Making (Capacity) Act should be a feature of care. That Act should not be disapplied in any environment. A point to consider there is section 136 of the 2015 Act, which specifically does place limitations on how the 2015 Act can be accessed when a person's treatment is being regulated under the Mental Health Act. In an earlier version of the heads of the Bill that we are looking at today, section 136 of the 2015 Act was going to be repealed. There was also an earlier version of the heads of the Bill to amend the 2015 Act, which addressed that, so it remains an outstanding issue in terms of to what extent people have access to the full supports and decision-making opportunities provided for under the 2015 Act when their treatment is regulated under the Mental Health Act. If we can arrive at a resolution of that issue, then any person in an approved inpatient facility should be made aware of the 2015 Act. People working in those facilities should be aware of the 2015 Act, and having access to its full supports must be something that is addressed.