Fidelma Healy Eames (Fine Gael) | Oireachtas source

I move amendment No. 5:

In page 10, between lines 29 and 30, to insert the following:

“ “chemical restraint” is the intentional use of medication to control or modify a person’s behaviour or to ensure a patient is compliant or not capable of resistance, when no medically identified condition is being treated, where the treatment is not necessary for the condition, or the intended effect of the drug is to sedate the person for convenience or for disciplinary purposes;”.

I welcome the Minister of State to the House. This is very important and complex legislation so she has my support for the thrust of the Bill. I am glad that only two amendments - Nos. 5 and 245 - deal with chemical restraint. Accepting amendment No. 5 would really enhance the Bill. It states that, "chemical restraint is the intentional use of medication to control or modify a person’s behaviour or to ensure a patient is compliant or not capable of resistance, when no medically identified condition is being treated, where the treatment is not necessary for the condition, or the intended effect of the drug is to sedate the person for convenience or for disciplinary purposes;".

In a nutshell, by accepting this amendment, we will improve the human rights and quality of treatment for a person. Before any drug is given to restrain a patient, a clinical assessment should be carried out which means staff would have time for the patient. For example, giving a patient with dementia and who is agitated a drug will quieten him or her but it does get to the root of the problem. Staff need time, skills and resources. This is humane and it is what I am asking of the Minister of State by accepting this amendment.

I have heard of cases where patients with dementia who have been agitated have been given drugs instead of receiving talk therapy to take them through the condition. I have heard of a stroke patient being drugged instead of being taken to the toilet. All she needed was to be physically brought to the toilet. It is undignified to use drugs in this way. I am not saying there is no need for drugs; there is a place for drugs but only after a clinical assessment has been carried out which deems use of them as being the best and last resort.

Same applies to children with autism. Instead of staff being trained to talk to children in a meltdown situation, Ritalin is often administered. I know that because there have been children in that state in my classroom. One is not dealing with the real person but a person in a zombie-like state who has been incapacitated. One is not dealing with the person with whom one could be dealing in order to get the best out of him or her. I strongly encourage the Minister of State to accept my amendment. SAGE is very appreciative and supportive of the amendment.

Amendment No. 245 reiterates what is in amendment No. 5 and states: "Nothing in this Act shall be construed as authorising any person to administer to a relevant person any medication for the purpose of controlling or modifying the relevant person’s behaviour or to ensure that a relevant person is compliant and not capable of resistance when no medically identified condition is being treated, where the treatment is not necessary for the condition, or the intended effect of the medication is to sedate the relevant person for convenience or for disciplinary purposes." This reminds me of what went on in that horrific case in Áras Attracta.