Mr. Adam Harris:

I will make some additional points to the Deputy’s question and then Dr. Elliott may wish to make a further contribution. We think there is a need for greater certainty in some areas about how the assisted decision-making Act will compare with the Mental Health Act. In some cases it would seem that the rights that are in place are less favourable to those that are granted within the Mental Health Act. I know Ms Finn has come back on the point on legal representation. It is clear that the right to legal representation is provided within the Mental Health Act. However, there does not seem to be the same level of statutory certainty on what that legal representation will look like in the context of the assisted decision-making Act.

On detention in the Mental Health Act, it is clearly defined that this cannot exceed 21 days. It is not given a clear timeframe within the assisted decision-making Act. There is a full right to appeal under the Mental Health Act, while there are a range of rights to limited appeal under the Assisted Decision-Making (Capacity) Act 2015. It is important that the rights extended to those under the assisted decision-making (capacity) (amendment) Bill 2021 have the same strength granted under the Mental Health Act 2001. There is a need for greater certainty on why there are differences in that regard.