Oireachtas Joint and Select Committees

Wednesday, 16 February 2022

Joint Committee On Children, Equality, Disability, Integration And Youth

General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021: Discussion (Resumed)

Photo of Mark WardMark Ward (Dublin Mid West, Sinn Fein) | Oireachtas source

The codes exclude references to mental health. Will they have to be redone to include mental health? Will the Department extend the provisions to people detained involuntarily under the Mental Health Act? It is the same for 16-year-olds and 17-year-olds. I listened to a speaker earlier refer to the decision-making autonomy of 16-year-olds and 17-year-olds. For physical healthcare decisions, a person has autonomy at 16 years. We are currently dealing with the amendment to the Mental Health Act in the Joint Sub-Committee on Mental Health. It looks like it will give autonomy to 16-year-olds and 17-year-olds for mental health treatment. My concern is that the Assisted Decision-Making (Capacity) Act will be behind the curve on this and that we will be playing catch-up.

They are my questions on the codes of reference around mental health and the provisions for people detained involuntarily under the Mental Health Act and for 16- and 17-year-olds.

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