Seanad debates

Wednesday, 23 March 2011

Mental Health (Involuntary Procedures) (Amendment) Bill 2008: Committee Stage (Resumed)

 

6:00 pm

Photo of Dan BoyleDan Boyle (Green Party)

I have seen it in practice and I do not believe it works in theory. As one of the last acts of the 23rd Seanad, we have the opportunity to make a clear statement that the other House needs to address a particular aspect of mental health reform, which is the only effect of passing this legislation. Nothing will change about the use of ECT or even its involuntary use, but importantly the debate will be progressed. I believe the Minister of State mentioned 383 treatments — I had understood the figure to be 588. However, that related to 43 people.

The amendment proposed by Senators Prendergast and Bacik will be ineffective because it will change nothing. The distinction between "unable" and "unwilling" is just as loose as the ability of two consultants to sign forms because the ability to be considered unable rather than unwilling can be brought about through pharmaceutical circumstances. While we need to address the issue in a more comprehensive way, in the first instance we also need to say there are human rights issues regarding people who are given this treatment without their consent. Of the 43 people affected in 2009, some 80% were already listed as unable through the Mental Health Commission. However, the outgoing chief executive of the Mental Health Commission has said this is appropriate and should help to advance and inform the wider legislative change we need to make in this area. When the people who are responsible for mental health policy and its implementation, and the collation of data in that regard, are saying this Bill is the way forward, I ask Members to agree with that way of thinking.

Senator Harris made a very moving contribution and if the debate was about the prohibition of ECT, I would disagree with him on many matters. I particularly liked his use of the oversimplification of the film One Flew Over the Cuckoo's Nest, which I found especially ironic given that the person who wrote the book on which the film is based was well known for having his cerebral make up affected by the constant use of LSD. He was hardly summoned to inform this debate. I have informed myself, as have those involved in sponsoring this Bill, including my former colleague Déirdre de Búrca who is also a psychologist. The essence of this debate is that professionals differ greatly on the effectiveness and efficacy of the treatment. Senator Harris mentioned Dr. Anthony Clare, who is well respected——

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