Dr. Eilionóir Flynn:

I wish to add to the discussion about restraint. I appreciate that this is a complex area and separate legislation on liberty safeguards will be forthcoming from the Department of Health. I would like to caution as well that liberty is a justice and human rights issue, and it would be appropriate for there to be widespread cross-departmental engagement in the development of that legislation and widespread public consultation as well.

On the requirement that was discussed last night, one of the issues with removing all reference to restraint from the legislation, as proposed in the heads, is that if the Act is silent on restraint people may interpret a power to restrain where there is, in fact, none. One option that should be given consideration would be to say that nothing in this Act provides any authority for an intervener under the legislation to authorise restraint, whether mechanical or chemical on a relevant person. While we are waiting, as a placeholder for further legislation in respect of protection of the right to liberty, having such a placeholder statement in the amendment to the legislation would be helpful in terms of guidance on the ground.