Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I am happy to engage further with Senators on these amendments. The reason the Bill was not passed before the summer was to allow for a pause in which we engaged extensively over the summer with the Office of the Attorney General and the Department of Health on this specific matter. There was a focus, in particular, on the issues that arise when people are detained under the Mental Heath Act and the basis for their detention is that they are a risk to themselves or to somebody else. We looked at people's ability in that context to refuse treatments that might lessen their potential risk to others and the balance that can be achieved in that regard in the law. The legal advice I have received is that this balancing mechanism is best done through reform of the Mental Health Act, not in this Bill. The second category of persons, who are not covered by the relevant Part, are those whose involuntary detention is due to the opinion of the relevant clinician that treatment would improve their condition or their condition would deteriorate without treatment. Under the amendment I am bringing forward, those persons will be able to rely on the provisions of their AHD.

The Government has made a commitment to sign Ireland up to the optional protocol to the UNCRPD. The passage of this legislation, the enactment of the 2015 legislation, the abolition of wardship and the operationalisation of the decision support service are essential. The continuation of a wardship process is a major barrier to our signing up because it makes us so clearly in violation of the optional protocol. My Department, in conjunction with others, is conducting a review to see what other legal issues need to be addressed before we are in a position to sign up to the protocol. Passing this legislation is a key part of that because we cannot sign up while we maintain an outdated notion of wardship.

I am happy to engage with Senators, as I have done in the past.I wish to be realistic in that substantial work has been done on how far we can advance this issue in this legislation - we have advanced it significantly further - notwithstanding the legitimate issues that have been raised by Senators. I am happy to engage with them.