Brian Lenihan Jnr (Dublin West, Fianna Fail)

Of course the Minister wants everyone detained under these provisions to have care and treatment in the ordinary sense. However, words we use in the ordinary sense do not always translate in the extraordinary sense of an Act of the Oireachtas. The Minister is convinced that the words must be used disjunctively in this context to ensure the maximum protection for the person and to ensure that he or she is not in fact warehoused.

The origin of this discussion is that the Bill was originally inconsistent, as references were made to "treatment or care" or "care or treatment". When the matter arose on Committee Stage, the Minister advised that not only should there be uniformity in the Bill, but that the term to be used should be "care or treatment", because as it is wider, it allows for a greater discretion in this sensitive area.

If "care and treatment" is used, it might be interpreted as meaning that if a person could not be treated, he or she could be denied care, whereas by using the disjunctive "or", either of these can be provided to a person under the legislation.

The Minister is very concerned with any possibility that a person with certain conditions might be left to one side. His preference is for the term "care or treatment", because of the greater amount of flexibility it accords in legal terms. To use "care and treatment" throughout the Bill would suggest that in all circumstances, both care and treatment must be provided, whereas only one might be possible. An example might be where a person's condition is not treatable where, for example, he or she suffered from Alzheimer's disease, but the person would still require a great deal of care. The Minister also mentioned on Committee Stage that in some areas of the Bill there are references to "care and treatment" and others to "treatment and care". He is bringing forward amendments to regularise the position, to make all references refer to "care or treatment".