Mary Butler (Waterford, Fianna Fail)

I move amendment No. 143:

In page 58, after line 40, to insert the following: “Application to High Court for treatment order in certain circumstances*

50. (1) Where treatment cannot be administered to an involuntarily admitted person because the person—

(a) has capacity to make decisions about his or her treatment but refuses to consent to the treatment concerned, or

(b) has a relevant decision-making representative, or has a valid and relevant advance healthcare directive or a relevant designated healthcare representative appointed under an advance healthcare directive relevant to the treatment concerned and that representative refuses to consent to the treatment concerned or the advance healthcare directive specifies that there is not consent to the treatment concerned,

an application may be made by or on behalf of the responsible consultant psychiatrist to the High Court specifying the proposed treatment and seeking an order to administer the treatment concerned to the person (in this Section referred to as a “treatment order”) where all of the following apply, namely:

(i) the treatment concerned is immediately necessary for the protection of life of another person or persons, or necessary for protection from an immediate and serious threat to the health of another person or persons;

(ii) the involuntarily admitted person requires the treatment concerned immediately;

(iii) there is no alternative safe and effective treatment available;

(iv) it is likely that the condition of the involuntarily admitted person will benefit from such treatment.

(2) A refusal to consent to the treatment referred to in subsection (1) may be withdrawn at any time, and any application made to the High Court under that subsection may be withdrawn, where—

(a) the person has capacity and decides to withdraw his or her refusal and to now consent to the treatment,

(b) the decision-making representative withdraws his or her refusal to consent to the treatment and now consents to the treatment, or

(c) the relevant designated healthcare representative appointed under a valid and relevant advance healthcare directive has authority within the appointing directive to do so, he or she determines that it is now the will and preference of the person that the refusal be withdrawn and treatment be consented to.

(3) Where an application for a treatment order is before the High Court, the Court may, pending its determination on the application, of its own motion or on the application of any person, give such interim directions as it sees fit as to the care and treatment of the person who is the subject of the application but any such direction shall cease to have effect immediately on the determination by the Court of the application before it.

(4) An application may be made by or on behalf of the responsible consultant psychiatrist

to the High Court to renew a treatment order made under this Section, subject to any directions of the Court, where the involuntarily admitted person the subject of the treatment order continues to satisfy the criteria in subsection (1).

(5) Where an application to the High Court has been made under subsection (1) or (4), treatment may be administered to the involuntarily admitted person prior to the hearing of the application, for a period of 72 hours after its initiation or until the hearing of the application by the High Court, whichever is sooner, where, in the opinion of the responsible consultant psychiatrist, the person the subject of the application meets all of the criteria set out in subparagraphs (i) to (iv) of subsection (1)(b).

(6) A treatment order shall, subject to any directions of the High Court, have effect for period not exceeding 3 months.

(7) An application to the High Court made under subsection (1) or (4) shall be deemed to be withdrawn where the involuntarily admitted person concerned is no longer subject to an involuntary admission order or renewal order under this Act.”.

See this speech in context