Mary Butler (Waterford, Fianna Fail)

I move amendment No. 141:

In page 58, after line 40, to insert the following: “Application to Circuit Court in certain circumstances

48. Where an involuntarily admitted person has been assessed as lacking capacity to consent to or refuse a proposed treatment under Section 45 and there is not—

(a) a decision-making representative appointed under the Act of 2015 duly authorised to make decisions relevant to the person’s mental healthcare and treatment,

(b) a valid advance healthcare directive in respect of the person which is relevant to the specific treatment proposed, or

(c) a decision-making order made by the Circuit Court under Section 38 of the Act of 2015 which is relevant to the specific treatment proposed,

an application shall be made by or on behalf of the responsible consultant psychiatrist to the Circuit Court under Part 5 of the Act of 2015 prior to any treatment, other than treatment provided under Section 47, 49 or 50, being provided to the involuntarily admitted person.”.

See this speech in context