Dan Boyle (Green Party)

Section 1 refers to section 58 of the Mental Health Act 2001 which relates to the practise of psychosurgery. In consultations which took place since the previous occasion on which the legislation was debated, the other sponsors of the Bill and I agreed that it needed to be more focused and should concentrate solely on the involuntary use of electroconvulsive therapy. However, we are still of the view that action should be taken to tackle the legislative provision relating to the practise of psychotherapy. This should be done in the context of a future review of the Mental Health Act 2001.

"Psychosurgery" is a more polite medical term for the practise of lobotomy. It has not been practised in this country for more than 30 years and the likelihood is it probably will not be used. We should be unhappy it is provided for in legislation but that is not the focus of the Bill. On those grounds, we propose that section 1 of the amendment Bill be deleted.

The purpose of this debate and the Bill, as we hope to progress it, concerns the practice of involuntary treatment and the inconsistencies in how people are treated medically in terms of physical ailments and psychiatrically in terms of mental ailments and the principle of, and the ability to give, consent. It is not an all-embracing attempt to change the legislation. However, it points to one important area. As we move on to the other amendments, it is important to put on record that it is not about removing, in all circumstances, the use of ECT, a controversial treatment, but of minimising its use.

There is an acceptable argument that it has been overused, misused and unfortunately has affected people in a way that may not have been intended. There have been victims of the use of this treatment. We will hear arguments as to how people have been treated successfully owing to the existence of the treatment. In striking the balance between people's right to their own bodily functions and minds and the need to protect society and administer an appropriate course of medical and psychiatric attention, we can all agree, whatever else we agree about in terms of the general focus of this Bill, that our law is deficient and that the review of the Mental Health Act is overdue and needs to come to a quick conclusion and make appropriate changes in order that the rights of patients, in particular, can be better protected.