Annie Hoey (Labour) | Oireachtas source

Staying on this topic, Mental Health Reform and a couple of organisations very much advocate for that culture shift away from the concept of best interest to guiding principles. We would have heard a good deal about that in previous sessions. It was interesting to hear the language used, the view of the sector and the area in which Dr. Whyte works and it is useful for us to hear the other side on that. It is not that I am struggling with this but I am interested in how and where we can find that balance. I very much a human rights-focused person. I was interested when Dr. Whyte said there can be patients where she knows down the line that this could happen.

If they still have capacity to consent how is that line figured out? They still have a legal capacity to consent even though we know the road they are going down. I am trying to get it clear in my mind how we find that line. Dr. Martin knows it because of his expertise and training. He has seen it and he knows what will happen but how do we do that from a human rights perspective? Dr. Martin is saying he would not wait for any other patient to get to such an ill stage. In many other areas there are things doctors know will happen but until a patient consents to it, you cannot step in, outside of mental health situations. I was struck when Dr. Martin said that. How do we find that line? Where is the human rights line? It would be ideal if Dr. Martin could give a quick PhD on that.