Seanad debates

Wednesday, 9 December 2015

Assisted Decision-Making (Capacity) Bill 2013: Committee Stage

 

10:30 am

Photo of Jillian van TurnhoutJillian van Turnhout (Independent) | Oireachtas source

I support this amendment. I too was contacted by Mervyn Taylor of SAGE, the support and advocacy service for older people, in regard to this issue. SAGE has noted the clear statement in the Department of Health policy document towards a restraint-free environment in nursing homes, which unequivocally states, "Chemical restraint is always unacceptable." Chemical restraint is a violation of personal and bodily integrity. It constitutes inhumane and degrading treatment and in the experience of SAGE, it is being used in certain circumstances to deprive people of their liberty rather than to address underlying clinical issues. As such, it is in breach of Article 3 of the European Convention on Human Rights and, therefore, should be prohibited.

It is health care professionals who are responsible for the administration of medicine to control behaviour, but rather than undertaking detailed clinical assessments to address the underlying reasons for agitation in some patients, for example patients with dementia, they use chemical restraint as a first rather than a last resort. That is why I support this amendment and why I have put my name to it. We need to legislate and make it very clear that we should not normalise the issue of chemical restraint. It is a last resort and there should be an appropriate clinical assessment done if it is to be used.

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