Seanad debates

Wednesday, 9 December 2015

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

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

That is what I thought but it seems extraordinary that there is no definition for same. Whatever about amendments Nos. 2, 4 or 5, surely to goodness there should be the acceptance of a definition? If the Minister of State does not like our definition, she should present one of her own. It is astonishing that a major term employed in the Bill should not be defined. Everything else is defined. Decision includes "classes of decisions", for example. The Bill defines decision although many people would believe they know what that means. Under the legislation, Act of 1995 means the Civil Legal Act of 1995 and so on. There are so many definitions included. Why is there an absence of a definition here? I would have thought that because chemical restraint is such a clear term, it would need a definition. The definition offered here is: "the intentional use of medication to control, modify or 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".

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