Sorca Clarke (Longford-Westmeath, Sinn Fein)

I fundamentally disagree with the last part where the Minister of State said it should be left to secondary legislation. This House has seen no secondary legislation. I agree that regulations have a place, but it is not here. It would not give the confidence or reassurance to a patient who is being involuntarily detained, their loved ones or their advocates that at some point a regulation may exist that would entitle them to a formal capacity assessment.

I am also very concerned that by not putting this into the Bill, we are not establishing from day one that every individual who may be involuntarily detained for more than 21 days is entitled to the exact same rights and entitlements in the exact same format regardless of where they are receiving their treatment. It would not be best practice to not have that in this Bill. I believe it is best practice to include it in primary legislation because everybody needs to be crystal clear as to what exactly their entitlements or their loved ones' entitlements are when we are talking about people who have been involuntarily admitted for a period exceeding 21 days.

We need to bear mind that 21 days is three weeks. If that it extended to 42, it becomes a month and a half. Why would anybody argue against somebody having a formal capacity assessment if the 21 days is to be extended? What is to be gained from it? In my opinion, the individual, their loved ones and advocates will lose. It needs to be standardised and needs to be a formal capacity assessment. It needs to ensure that the person who is receiving treatment is receiving it only for the length of time that they need it.

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