Dáil debates
Wednesday, 9 July 2025
Mental Health Bill 2024: Report and Final Stages
9:50 am
Sorca Clarke (Longford-Westmeath, Sinn Fein)
I move amendment No. 47:
In page 64, line 21, after “made” to insert “within 5 days”
This amendment relates to a potentially prolonged involuntary treatment period without timely access to decision-making supports. This amendment seeks to put in a definitive timeframe for when an application to the Circuit Court to put decision-making supports in place for somebody who lacks capacity or who is waiting on a capacity assessment can be done. It can be done at any time for involuntary treatment but the five-day window seeks to do just that and to ensure that people get the proper decision-making supports in a timely way and that everybody is fully aware of what the timeframe will look like. If somebody is involuntarily detained or admitted, his or her first 21 days is well known, with the potential to be extended to 42 days under this Bill, but there is no definitive timeline around an application to the Circuit Court for decision-making supports and that is what this amendment seeks to do. At the very least everybody should be fully aware of what a timeline for involuntary admittance is going to look like. Should the decision-making capacity of an individual be under question, everybody should be fully aware of the timeframe for assessments to take place.
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