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Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: It is on page 53. However, I am worried that the version I have may not be the same as the one Senator Norris is using, which is why I am being cautious about it.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: If the Senators turn to page 53, section 38(9)(c) they will see the definition, which is very close to that proposed in the amendment. It reads as follows: "administers a medication, which is not necessary for a medically identified condition, with the intention of controlling or modifying the relevant person’s behaviour or ensuring that he or she is compliant or not capable of...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Perhaps we should take a little more time to read through this because the definition is actually there. The paragraph reads,"administers a medication, which is not necessary for a medically identified condition".

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Could the Senator repeat that please?

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: It does not need to name it as chemical restraint.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: The Senator is making a different point entirely.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Yes, but that is not the point of the amendment. The point of the amendment is to define chemical restraint but chemical restraint is covered in the Bill. If the Senator wants to propose an amendment relating to-----

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: No.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Senator, if it is in the Bill, then it is in the Bill. It covers every part.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: If it is in the Bill, then it is in the Bill and is part of the legislation.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: They have a mind of their own. I never interrupt them, they are well capable of making up their own minds.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I believe the point made by Senator Healy Eames concerns the chain of authority. Nowhere does the Bill authorise anyone else to medicate people for an identified medical problem. This Bill has taken a considerable time to draft. Do the Senators want to go into that level of detail to see what more we can add?

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: It is the whole point of Bill. Has the Senator not read it?

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: It can be someone that the person chooses or who is appointed by the courts. Am I now to go back and explain to the Senator who these people are?

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: It does not matter.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: It is used in exceptional circumstances where the person is in imminent danger of serious harm or someone else is in imminent danger of serious harm. I read it out.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: We will find the other section of the Bill for the Senator, I promise.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: No. We are not that quick.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: It is also in section 53 and it is exactly the same amendment.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: That is my information.

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