Ms Ber Grogan:

I will answer that. I cannot see Ms Coyle on my screen. The Chairman can advise me to mute my device if she needs to do so. The danger arises when assessing capacity. In the context of all the different ages, under the 2015 Act, there is presumption of capacity. Depending on a person's circumstances and the mental health crisis or difficulties that person is experiencing, his or her capacity might be questioned. The reform of the Mental Health Act is forward-facing, human rights-focused legislation but it refers to capacity assessments in the 2015 Act. We had a human rights analysis paper done on the reform of the Mental Health Act. We raised this issue because of the lacuna relating to capacity assessments for 16- and 17-year-olds, which are not included under the 2015 Act.