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

I thank Senator Black for her amendment. The Senator expressed many of my views on why this is necessary. She is correct that the amendment we brought forward does not create a new power. There is an inherent jurisdiction of the High Court in making decisions but we, in our engagements with the Department of Health, felt it was necessary to signpost to the High Court in order to protect the rights of relevant persons.

Work is ongoing in the Department of Health on delivery of dedicated legislation on protection of liberty safeguards. There may be instances where matters regarding detention and treatment arise. By their nature, these cases will be rare but when they arise, they will be challenging. The provision introduced by me regarding inherent jurisdiction was done on foot of strong legal advice and considerable concern that without an explicit reference to the requirement for the High Court to be the only entity that would sanction a deprivation of liberty, procedural uncertainty that would exist without that clear signposting could put the rights of individuals at risk.

The insertion regarding inherent jurisdiction clarifies that in any question regarding the sanction for a deprivation of liberty, such as where a residential arrangement might be contrary to the will and preference of the relevant person, that decision cannot be sanctioned by a decision supporter and must only be brought before the High Court, and that court's consideration is required to determine the matter in which a person's liberty might be at stake. I believe it is the correct way to ensure this is signposted. As such, I am not in a position to accept the amendment.