Sorca Clarke (Longford-Westmeath, Sinn Fein)

I move amendment No. 185:

In page 88, line 31, to delete “without” and substitute “except after having considered all viable alternatives and with”.

This amendment strengthens the rights of individuals receiving mental health treatment by tightening the conditions under which treatment can proceed without consent. It seeks to remove the vague and overly permissive word "without" which currently allows for treatment without consent without requiring any prior effort to explore less evasive or more rights-respecting options.

The new language "except after having considered all viable alternatives and with" adds a critical safeguard ensuring that involuntary treatment is not a forced or routine step. The change reflects the core principle of a rights-based mental healthcare proportionality. Any infringement on a person's autonomy must be justified, necessary and the least restrictive option available. By requiring that all viable alternatives be considered first, by varying degrees regarding the patient's needs, the amendment pushes for a more compassionate approach such as community supports, psychosocial interventions or peer-led services.

It also aligns with values and framework of the Assisted Decision-Making (Capacity) Act 2015, which centres on supporting individuals to make their own decisions wherever possible. This wording ensures greater accountability from clinicians and services. They will need to demonstrate that not only was that treatment necessary but also that other options were actively explored and ruled out. It offers better protections to those who may otherwise be subjected to coercive treatment unnecessarily, especially people in vulnerable states who may have been able to consent had they been better supported.

A robust mental health system starts from a position of supporting people and not overriding them, and that is what this amendment prioritises. It is about changing the culture of care from one of convenience or containment to one of dignity, recovery and respect for individual rights.

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