Mark Ward (Dublin Mid West, Sinn Fein)

I would have been all over this Bill had it been brought before the House last year, when I was still the spokesperson on mental health. I will ask a question and I presume it is in this Bill because it is about involuntary admissions and the lacuna as regards the Assisted Decision-Making (Capacity) Act. If the Minister of State remembers correctly, there was a lacuna between that Act and this Bill whereby the only people who were excluded from making advance healthcare directives were people who were involuntarily detained under the Mental Health Act. I know I am reaching a little here, but does this overall Bill breach that lacuna? Does it answer any questions that that lacuna created?

I will use myself as an example. As the Minister of State knows, I have a neurological condition. I have spoken about it regularly enough. I have the ability to make an advance healthcare directive as to how I would like my future healthcare to be rolled out as I get older. It is something I keep saying I will do but I have not done, but I can do that. As regards somebody who has been involuntarily detained, I have met a number of people and have spoken about this in the media a number of times. For example, if they would have received ECT treatment when they were involuntarily detained in the past, that is something they would not like to see again if they had to go into a psychiatric facility. However, they do not have the ability to make that decision under the Assisted Decision-Making (Capacity) Act and this Bill. There was a lacuna between the two Bills. Has that lacuna been breached or have we managed to resolve it in this Bill? The reason I ask is that I just do not know, to be honest.

See this speech in context