Phil Prendergast (Labour)

It is in the most part and I speak with some degree of authority. I agree with Senator Corrigan that if a second opinion is sought, particularly with regard to something as important as ECT, that second opinion is a genuine second opinion and is not a signature or a rubber stamp that one psychiatrist concurs with the opinion of another. This does not happen. The person is genuinely assessed.

We will have an opportunity to introduce capacity legislation in the future and it will be necessary. We are very genuine and we will continue to be passionate in speaking for people who cannot best speak for themselves and for the advocacy groups which have the welfare of every person at heart. It is also in our best interests to ensure they are best served by any legislation. Legislation should not be prohibitive, it should be at the core of giving the very best service and treatment available. We speak about cloud computing and advances in science, medical science, psychiatry and forensic science. All of these are rapidly expanding and we must keep an open mind. There is also the placebo effect whereby something cannot be explained and we have only empirical evidence that shows us this is what works or appears to work for people.

In 2009, 90% of patients who received ECT were voluntary and consenting. A total of 35 patients who were assessed by psychiatrists as requiring ECT were considered to lack capacity or were unable to give consent and were treated under section 59(1)(b) but only with the agreement of both psychiatrists. As I stated, both psychiatrists would have assessed the patients. Irish research has shown that 93% of those people benefited and for a number of people the treatment was life-saving. This is a very emotive and contentious issue. The spirit of this legislation is meant to enhance and be of benefit to those people who require ECT. I thank the Minister of State for her attention.