Ms Estela Vidal:

I thank the Deputy for his question. Seclusion and restraint are not consistent with the principles of the UNCRPD or the prohibition on torture and other cruel, inhumane or degrading treatment. The guidelines given by the UN Committee on the Rights of Persons with Disabilities are to eliminate seclusion and restraints. We understand the Mental Health Act was not designed to abolish these practices but, in the transition to eliminating them, we recommend a change in the language used in order to reflect, first, that these practices should be a very last resort, second, that they are only used in rare and exceptional circumstances and, third, that they are only used for the amount of time strictly necessary. We recommend the inclusion of definitions of "rare and exceptional" and "strictly necessary" in the Bill. I refer to Articles 14 and 15 of the UNCRPD. I will not read them out in the interests of time but Article 14 talks about liberty and security of the person and Article 15 talks about freedom from torture or cruel, inhumane or degrading treatment.