Sorca Clarke (Longford-Westmeath, Sinn Fein)

I move amendment No. 51:

In page 68, between lines 6 and 7, to insert the following: “(4) The use of chemical restraint shall be notified to the Mental Health Commission within 24 hours and made available for review upon request by the individual or their advocate.”.

This amendment relates directly to the use of chemical restraint on those subject to involuntary admission and treatment. This is an area within the Bill that we absolutely need to strengthen. Previous patients, their loved ones and advocates have strongly asked for provisions on chemical restraint. Earlier drafts included a comprehensive section on chemical restraint but all references to and protections against the use of chemical restraint were subsequently removed. I believe this is partly down to the Bill having been introduced four years ago with pre-legislative scrutiny having been done almost three years ago. The sheer number of amendments we see here today is the result of that passage of time. This omission is really troubling given that this practice is not covered under existing regulations or codes of practice. Why were such significant changes made to this Bill in respect of the use of chemical restraints? Why was a requirement to notify the Mental Health Commission of the use of chemical restraints not included as a Government amendment?

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