Oireachtas Joint and Select Committees

Tuesday, 22 March 2022

Joint Committee On Health

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

Photo of Neasa HouriganNeasa Hourigan (Dublin Central, Green Party) | Oireachtas source

I know a number of people have already touched on this area but I want to go back to the concerns that have been raised around the change in threshold when somebody is involuntarily detained. I am trying to understand the situation as a layperson. We are hearing from representatives of professional bodies who say one thing and community and representative groups who say the opposite. I am trying to read various pieces of research. I came across a paper from 2019 in Psychiatry Research, which I presume is an accepted and peer-reviewed journal, but it is hard to know when one is outside one's field.

The paper suggested that people receiving mental health inpatient treatment had either full capacity, which applied in 47.4% of cases, or partial capacity, which applied in 50.7% of cases. The paper was looking at the difference between clinical and legal definitions. In the current system, are most involuntarily detained persons deemed to lack capacity within the definitions we currently have? Are the majority of people who are involuntarily detained considered to lack capacity?

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