Oireachtas Joint and Select Committees
Wednesday, 16 February 2022
Joint Committee On Children, Equality, Disability, Integration And Youth
General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021: Discussion (Resumed)
Ms Carol Baxter:
It is one of those complex areas. As I have said, we included in the 2015 Act provisions that were intended to highlight that restraint should only be used in exceptional emergency situations.
However, in fact, as we have said, they have been subsequently interpreted as permissive, so that is why we are removing them. It is very difficult to put provisions on restraint that will not be interpreted differently by different people. We did not want to communicate any kind of message in the legislation that we were being permissive in the use of restraint. The reason it is being removed is we could not stand over that.