Mary Butler (Waterford, Fianna Fail)

This is not a late-stage amendment. It was discussed on the very first day; I do not think Deputy Quaide was here. We had a discussion for four hours. That was part of an amendment that was taken I think about a month ago; it is not new today. That was discussed at that time. This is another amendment that has been brought forward in relation to the 42 days.

We cannot provide secondary legislation until primary legislation passes. It is just not possible.

I just want to go back to the point that a very small cohort of people, who lack capacity, will be involuntarily detained. That is a fact. It is the smallest number possible. However, this area has attracted a huge amount of concern. We all hear from people who have an enduring mental health condition who may spend a lot of time in an approved centre in the psychiatry department. It can be like a revolving door. They have capacity and come out. Then they might be back in within two or three weeks. They might present at the emergency department.

I want to be crystal clear that a consultant psychiatrist must be satisfied that a person continues to lack capacity before treatment can be administered at any point. That is really important. For that to happen, they have to assess whether a person lacks capacity or not. A person may lack the capacity today, could give consent today that their loved ones would be involved but by tomorrow they could change their consent. As Deputy Quaide has worked in mental health, he understands this.

Regarding the capacity piece, if the responsible consultant psychiatrist no longer believes that the person meets the criteria for involuntary admission, it means the person now has capacity within the 21 days or within the 42 days. It can happen within seven days or 14 days. That person must be discharged if they do not want to stay there voluntarily. There is no choice; it will be in the law when the Bill is passed. This could happen at any time during the 21 days. It could happen on day two, day four or day six and as such it is not necessary to include "no more than" because if the responsible consultant psychiatrist believes the person no longer meets the criteria-----

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