Liam Quaide (Cork East, Social Democrats)

I echo Deputy Clarke's concerns about this. The Bill provides no specific safeguards or statutory provisions governing the use of chemical restraint on persons who are subject to involuntary detention and treatment. It does not even really acknowledge the reality of chemical restraint. Chemical restraint happens quite often. It involves administering powerful sedatives to people who are in extreme states of mind. While the intentions may be good, there is a need for very clear safeguards. In the context of the human rights impact of the practice, it is worth bearing in mind that, where people with intellectual disabilities are admitted to a psychiatric ward, their behaviours and mental state can deteriorate because such wards are often not suitable for their needs. They can then be subjected to disproportionate rates of chemical restraint when compared to other groups of service users. That is something we really need to bear in mind when devising legislation on mental health.

The heads of Bill included a comprehensive section on chemical restraint but all references to and protections against the use of chemical restraint were subsequently removed. It is worth noting that the Mental Health Commission and Mental Health Reform issued a very clear call as to the need to closely monitor and regulate the use of chemical restraint. The omission of this section is very troubling given that, as Deputy Clarke has said, it is not covered under existing codes of practice and is therefore not properly reviewed by the Mental Health Commission. It is really important that we reintroduce that section to the Bill.

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