Professor Brendan Kelly:

I agree with the Mental Health Commission on all these points. We agree there will be a great number of Circuit Court applications which will likely not be fulfilled and we would like to see much of that needless work taken out, but people should still be able to access the supports of the 2015 Act.

We also agree with the Mental Health Commission that it should not be possible for the High Court to over-rule a capacitous refusal of treatment which is still in the amendments. We also generally agree - getting back to my original points - that criteria for treatment should be the same as the criteria for involuntary admission, by linking those two sections of the Act.