Ms Fiona Coyle:

Two very important Bills are undergoing pre-legislative scrutiny at present, namely, the mental health Bill, which we are discussing today, and the assisted decision-making (capacity) (amendment) Bill. It is a complex question because timing will primarily impact the answer and outcome. If the assisted decision-making (capacity) (amendment) Bill is passed prior to the updated mental health Bill, it will be based on the Mental Health Act 2001 and there would be a subsequent amendment needed to Part 8 of the Assisted Decision-Making (Capacity) Act, the part under the auspices of the Department of Health. It will require further amendments to ensure the mental health Act will be fully commenced and that the supports will be available for under-18s in the context of their health care because the Assisted Decision-Making (Capacity) Act goes beyond that to include financial remits and property rights, which is not the case and is very specific. There is a bit of choreography involved there but an amendment would be needed. More time and effort would be needed at a future stage.