Sorca Clarke (Longford-Westmeath, Sinn Fein)

I move amendment No. 145:

In page 60, between lines 14 and 15, to insert the following: “Safeguards for Treatment Without Consent

(1) No person shall be administered treatment without their consent unless a formal capacity assessment has been completed and the person has been found to lack the capacity to consent to the treatment in question, in accordance with the provisions of the Assisted Decision-Making (Capacity) Act 2015.

(2) An exception to subsection (1) shall apply only in circumstances of emergency, where such treatment is—

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

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

and where no safe and effective alternative treatment is available.

(3) Where a person is deemed temporarily unable to participate in a capacity assessment due to their mental or physical condition, this shall not be presumed to indicate a lack of capacity and in such cases:

(a) the reasons why a capacity assessment could not be completed must be clearly recorded in the person’s medical file;

(b) a formal capacity assessment shall be conducted as soon as practicable, and in all cases within 24 hours of the administration of treatment;

(c) the person shall be supported to participate in the assessment as soon as they are able, in accordance with their rights under the Assisted Decision-Making (Capacity) Act 2015.

(4) The Mental Health Commission shall establish procedures for independent auditing and review of all instances where treatment is administered without consent and before a capacity assessment is completed and this review shall consider:

(a) compliance with time limits;

(b) documentation of rationale;

(c) involvement of independent advocacy where applicable;

(d) steps taken to support the person’s participation.”.

See this speech in context