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 the information I was given. This subsection does not refer to chemical restraint or define same. I note that the Minister of State is nodding so I am taking that to mean that the phrase does occur elsewhere in the Bill. Her case is substantially weakened by virtue of the fact that subsection (9) of section 38 begins thus: "For the purposes of this section". That limits it to this section, which means it is not an adequate definition. It does not refer to chemical restraint as such. It gives a definition that approximates to chemical restraint but it limits and confines it to this section. Therefore, where chemical restraint occurs elsewhere in the Bill, there is no definition.

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