Barry Andrews (Dún Laoghaire, Fianna Fail)

I will consider that and try to come back to the Senator in due course. As I said, the HSE does not make special care orders. That is done by the High Court. The proposed section 23F(8) states:

Where the Health Service Executive applies for a special care order and, in accordance with subsection (4), it did not carry out the consultation referred to in subsection (3), it shall inform the High Court that the consultation was not carried out and of the grounds for not carrying out that consultation.

That is the safeguard. There is a well-founded understanding that there are circumstances in which there may be reasons not to consult some or all of the individuals listed. For that reason, I do not propose to accept Senator Fitzgerald's amendment.