Mary Butler (Waterford, Fianna Fail)

I move amendment No. 258:

In page 147, line 7, to delete “that assessment no later than 14 days after that person’s admission” and substitute the following: “that assessment, no later than 14 days, or such shorter period as may be prescribed, after the date of that person’s admission”.

The following amendmnets have been grouped, as the Ceann Comhairle has said. Some stakeholders raised concerns that subparagraph (a) of section 181 represented political overreach into clinical decisions regarding a person’s care and treatment. It was never the intention that this provision would allow any Minister to dictate clinical decisions in a care plan. This subparagraph has been amended to provide absolute clarity.

Other amendments to these sections are mainly technical in nature. Amendment No. 265 has been prepared to amend subparagraph (a) of section 181 such that the reference from "content of the care plan" will read the "form of the care plan". This amendment will ensure that the clinical content of any care plan remains, as rightfully it should, the responsibility of the person’s multidisciplinary team, as Deputy Clarke spoke to earlier. It is not and never was the intention of this section for the Minister to dictate clinical matters. The amendment to this section makes this policy clearer and should dispel any confusion. It does not allow for a standardised approach to be introduced to what the form of the care plan looks like, if this is deemed appropriate. This will ensure that the form that care plans take can be standardised, meaning a person in one registered acute mental health centre will have a care plan in the same form as someone receiving treatment in another centre. Furthermore, the text referencing the setting of goals has been removed. The purpose of this section, and other sections related to care plans, is to ensure that care plans are given the appropriate attention and that people, where appropriate, can be active participants in creating their care plans.

With regard to amendment No. 264, I do not intend to support this amendment. This amendment seeks to delete the existing section 181. Section 181 relates to the making of regulations regarding care plans by the Mental Health Commission. The purpose of this section is to ensure that there is a more standardised approach to care planning and that people have the opportunity to play an active role in the creation of their care plans. The purpose of this section is not and was never to infringe on clinical decisions. As such, it is important that section 181 remain in the Bill and that the commission be permitted to make regulations regarding care plans as necessary.

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