Liam Quaide (Cork East, Social Democrats)

I move amendment No. 36:

In page 60, to delete line 21.

This amendment relates to the changes in respect of involuntary treatment. I have spoken already about my concerns about the doubling of the timeframe for that from 21 to 42 days at a very late stage of the legislative process. The expanded criteria for involuntary treatment is also very concerning. While detaining somebody on the basis that he or she is "likely to benefit" from treatment is problematic, it does at least allow for a continued respect for a person's capacity to consent to or refuse specific treatment, except in emergency circumstances where not having that treatment poses a risk to his or her well-being. However, extending that same "likely to benefit" criterion to justify involuntary treatment, particularly before a capacity assessment is even carried out, risks rendering nearly any involuntary intervention permissible once a person has been involuntarily detained. As such, a person subject to involuntary detention is likely to face a significantly broader and less accountable regime of involuntary treatment. Instead of the term "likely to benefit", there should be more specific language to ensure that the legislation reflects that involuntary treatment may only be administered in urgent circumstances where the delay or absence of such treatment would pose a serious risk to the health or safety of the person.

A key omission from the Bill which makes the amendments around involuntary treatment all the more concerning is the continued absence of a commitment to an independent complaints process or a statutory right to independent advocacy for those who experience involuntary detention and treatment.

I want to put on the record that to rule amendments on an independent complaints mechanism and independent advocacy out of order on the basis that they have a cost implication is not a defensible position. The Bill is meant to strengthen human rights' safeguards for people attending mental health services and the fact that this would come with some financial cost in terms of the resourcing involved is self evident.

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