Oireachtas Joint and Select Committees

Tuesday, 8 March 2022

Joint Committee On Health

General Scheme of the Mental Health (Amendment) Bill 2021: Discussion (Resumed)

Dr. Fiona Morrissey:

It is a good point and we could have a position of statutory reviews of people's medication, or they would have to be reviewed at different periods. There is no statutory obligation or regulation around that. The question we must ask is why in mental health are we treating people without their consent. Why is this the only area in which we forcibly treat people or treat them without consent? Why is mental health different from general health care or other areas of health, including drug treatment? In any other area of health, we do not forcibly treat people. Why, then, are we doing it here? There is no evidence to suggest that people have any less capacity in the mental health system than they do in the general health system, and a recent Irish study compiled in the past year or so proves that. There is no evidence of increased risk of violence or danger so we must consider why we are continuing to treat people the way we are doing it now, without their consent or forcibly treating them? They have no pathway to come off medication once they go on it either. When we bring people into the system by treating them without their consent, there is no pathway out or a statutory review mechanism either.

We must question the justification of this non-consensual and forcible treatment. There is no evidence to show coercion works. People might continue with medication for a long time, which can have very damaging side effects for the person. We must question all of that. Why are we still doing it given that international human rights law now obligates us to move away from it as well? What is the justification for continuing with this? We have the opportunity to be a world leader and a model of best practice in the same way our capacity legislation is looked at by other countries. Why can we not do this for mental health as well?

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