Liam Quaide (Cork East, Social Democrats)

Along with my colleagues, I express my concern here about the late-stage doubling of the timeframe for involuntary treatment from 21 to 42 days in a Government amendment submitted on the deadline for Committee Stage amendments. At the moment we are discussing the necessity of a capacity assessment after 21 days. However, the 21 days itself is fundamentally problematic. The whole point of this Bill is to strengthen human rights safeguards and not to just have a doctor-knows-best approach to treating people in emergency care. The Government's Committee Stage amendment dramatically increases the risk of prolonged involuntary interventions. As my colleagues have said, it does not appear to mandate a new capacity assessment after the 21 days have elapsed.

I know the Minister of State said that capacity assessments happen regularly in psychiatric settings. However, from what she has said, it sounds like it is at the discretion of the psychiatrist. It is not mandated in law according to this provision. That is our concern. As we know, capacity is not fixed. It is fluid and it can change from day to day. Therefore, it is really important to have that safeguard implemented.

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