Dr. Anne Doherty:

The problem with this part of the proposed Bill is that it is unclear what the rules will ultimately be. The rules can be made and changed at will by the Mental Health Commission. We have some concerns about rules that could potentially create a situation where a doctor might face criminal sanction being made anywhere except the Oireachtas. We feel that changing the rules about criminal criteria should remain with the Oireachtas. Seclusion is not used regularly. It is used only as a last resort if there is extreme violence and other patients need to be protected from somebody who is extremely unwell to allow that person that extra space to get better. In that situation, any decision is made in the context of protecting people. It is not about being restrictive or for any other reason than protecting patients and making sure that if somebody goes into an acute hospital, with severe self-harm or severe depression, for example, that person's recovery is not occluded by somebody else nearby potentially being very agitated, who might be better in a separate environment. We are concerned that the provisions of the legislation in this area are quite vague. Given that we have such difficulties at the moment with recruitment and retention of people to consultant and to training posts in Ireland, we are concerned that provisions like this could get in the way of us being able to adequately staff these services.