Mary Butler (Waterford, Fianna Fail)

I move amendment No. 142:

In page 58, after line 40, to insert the following: “Treatment without consent pending Circuit Court determination

49. (1) Without prejudice to the generality of Section 43, treatment specified in subsection (2), may be given to the involuntarily admitted person concerned where—

(a) an application has been made to the Circuit Court in relation to an involuntarily admitted person under Section 48 but no determination has yet been made in relation to the application, or

(b) after the initial treatment period and any further treatment period, a capacity assessment or a second capacity assessment is being carried out under Section 45 but an application to the Circuit Court under Section 48 has not yet been made.

(2) Treatment may be administered to a person under subsection (1) where—

(a) such treatment is immediately necessary for the protection of life of the person or that of another person,

(b) such treatment is necessary for protection from an immediate and serious threat to the health of the person, or that of another person, or

(c) the person has a mental disorder, the nature and degree of which is such that—

(i) he or she requires treatment immediately,

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

(iii) the treatment of the person concerned would be likely to benefit the condition of that person,

and there is no alternative safe and effective treatment available.

(3) A reference to treatment administered under subsection (1) shall not include treatment administered under Section 51.

(4) Subject to subsection (5), the continued administration of treatment to an involuntarily admitted person under this Section shall be—

(a) reviewed every 3 months by a consultant psychiatrist who is not involved in the care and treatment of the involuntarily admitted person concerned, and

(b) where that consultant psychiatrist is of the opinion that the criteria in subsection (2) continue to apply, approved in a form and manner specified by the Commission.

(5) Treatment may be administered to an involuntarily admitted person under this Section until such time, whichever is sooner, as any of the following occurs:

(a) the Circuit Court makes a determination under Part 5 of the Act of 2015 in relation to an application under Section 48;

(b) the person is discharged as an involuntarily admitted person;

(c) the responsible consultant psychiatrist discontinues the treatment;

(d) the person is assessed to have capacity to consent to or refuse treatment under Section 45.”.

See this speech in context