Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I appreciate very much this opportunity to contribute. Before I comment briefly on the individual amendments that have been made to the Bill in the Dáil, I take this opportunity to thank Senators for their timely consideration of this short but important Bill. I thank Senator David Norris and former Senators Déirdre de Búrca and Dan Boyle, all of whom originally sponsored the legislation when it was introduced in 2008 as a Private Members’ Bill. I acknowledge the role played by mental health campaigners in general and the late John McCarthy in particular. John, as everyone will know, was instrumental in raising awareness and developing the concept of Mad Pride Ireland. I acknowledge his tireless work in seeking an end to the practise of administering electroconvulsive therapy, ECT, to patients with capacity who refused such treatment. As most people know, John died. It is sad that he was not here to see what he had campaigned for over such a long period.

The revised Bill, which I am returning to the Seanad today, still delivers on the original intention of the legislation which was passed in this House in 2011 and achieves the purpose of ensuring that when a person with capacity refuses ECT, this decision will be respected. The amendments that were made in the Dáil last week tidy up an error in the original Bill, as agreed here in the Seanad, and introduce some minor technical changes. I have introduced an amendment to section 60 of the Mental Health Act 2001 that will ensure that when a patient with capacity refuses medicine after a three-month period, this decision will also be respected. The essence of the Bill, therefore, is in deleting the word “unwilling” from both sections 59 and 60 of the Mental Health Act 2001.

If the Bill is passed in the House today, I plan to sign a commencement order in January 2016, with a likely effective date of 1 February 2016. This will give the Mental Health Commission sufficient time to make the changes necessary to allow this new law to come into operation. I ask the Cathaoirleach to have motions moved in regard to the four sections of the revised Mental Health (Amendment) Bill 2008 which was passed in the Dáil last week and received all-party support.