Sorca Clarke (Longford-Westmeath, Sinn Fein) | Oireachtas source

I move amendment No. 37:

In page 22, between lines 25 and 26, to insert the following: “Criteria for involuntary admission to registered acute mental health centre

12. (1) A person may be involuntarily admitted to a registered acute mental health centre pursuant to an involuntary admission order and held there if he or she fulfils each of the criteria (in this Act referred to as the “criteria for involuntary admission”) specified in paragraph (a):

(a) a person with psychosocial disabilities or as a condition that can be described as a mental illness, the nature and degree of which is such that—

(i) he or she requires care and treatment,

(ii) the care and treatment required to be given to the person cannot be given to that person other than in a registered acute mental health centre,

(iii) the reception, holding and care and treatment of the person concerned in a registered acute mental health centre would be likely to benefit the condition of that person,

(iv) the person lacks capacity to consent to admission,

(v) the person lacks capacity to consent to treatment, and

(vi) where there is concern that the life or health of the person, or of another person, may be seriously and imminently affected/impacted.

(2) Nothing in subsection (1) shall be construed as authorising the involuntary admission of a person to a registered acute mental health centre by reason only of the fact that the person—

(a) has a psychosocial disability or a mental illness that does not fulfil the criteria for involuntary admission,

(b) has an intellectual disability,

(c) has a personality disorder,

(d) substance use issue,

(e) may behave in such a manner or hold views that are contrary to, deviate from or transgress cultural, religious, social or traditional norms or customs of appropriate behaviour, or

(f) requires to reside in a safe environment provided by a registered acute mental health centre.

(3) The Commission shall prepare and issue a code of practice for staff working in registered acute mental health centres, An Garda Síochána, HSE authorised personnel, GPs, in relation to the provisions of this section.”.

The Bill says that involuntary treatment can only commence if a person poses a risk to themselves or to others. However, many individuals who require treatment may not meet this risk criteria. Again, questions were raised at the committee this morning around medical professionals assessing risk being outside the scope of their expertise. This could lead to delays or denial of care for those unable to recognise their need for treatment and the word "risk" has been removed.

Our amendment makes an admission and treatment order rather than simply an admission order. The purpose is to protect individual autonomy and capacity and to ensure oversight and consistency in how the law is applied. It clarifies and narrows the criteria under which a person can be involuntarily admitted to a registered acute mental health centre and inserts multiple safeguards to limit misuse or overreach of involuntary powers. It strengthens protections against discrimination and detention and introduces a statutory code of practice to guide front-line staff. Care and treatment are a necessity. Admission is only justifiable if care is required and cannot be delivered elsewhere.

Essentially, the purpose of this amendment is to ensure that involuntary detention is only used when absolutely necessary and in the best interests of the person, as well as to limit the potential risk of overuse or misuse. The use of modern and inclusive language is also included by referencing persons with psychosocial disabilities. The amendment aligns with international human rights standards, especially the UN Convention on the Rights of Persons with Disabilities. It is important to say that when we are talking about involuntary admission to acute mental health facilities, we are talking about those who are in the most need at a particular point in time. Whatever their future may look like - it could be very different from that point - at that point in time, they are the person with the greatest need. We have a duty and responsibility to ensure that involuntary detention is used in a manner that recognises that need but also recognises the individual's right to receive appropriate treatment. I ask the Minister of State to consider accepting this amendment.

I am sure her Department has had a good look over it. It comes from a place of wanting to see the best possible legislation for those who need involuntary admission into acute mental healthcare centres.

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