Nessa Cosgrove (Labour)

I move amendment No. 7:

In page 15, between lines 9 and 10, to insert the following: “ “chemical restraint” means the use of medications with the primary intention of controlling a person’s behaviour or of restricting, preventing, or otherwise limiting their freedom of movement;”.

Amendment No. 7 will insert a definition of "chemical restraint" into the Bill. Together with amendments Nos. 27, 28, 155 and 301, it would take the important step of including critical safeguards around the use of chemical restraint in the Bill, particularly the current absence of any regulations or code of practice governing its use.

Chemical restraint and the administration of medicine to control behaviour or restrict movement rather than treat a mental health condition can have serious physical and psychological consequences - I know the Minister of State knows this - and its misuse is often difficult to detect due to its invisibility compared to physical restraint. Without a clear legal definition, oversight mechanisms and reporting requirements, there is a heightened risk of overmedication, coercion and violation of individual rights. Embedding statutory safeguards would ensure that chemical restraint is only used as a last resort under strict conditions with appropriate documentation, time limits and independent review. This would bring things more in line with human rights standards and promote a more transparent, accountable and rights-based approach to mental healthcare.

It is welcome that the Minister of State has recognised the importance of regulation in this area and has tabled her own amendments. However, our amendment provides for a broader definition than the one offered by the Government and allows for inappropriate use or overuse of pro re nata, PRN, sedatives to be included in the definition. In a 2020 report, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment found that PRN medicine was not being used in an appropriate manner at the establishments visited and recommended that the Irish authorities carry out of a review of this type of prescription at all psychiatric institutions, particularly as regards potential overmedication, chemical restraint and involuntary treatment, and draw up guidelines on the use of PRN medication. We hope that the Minister of State will listen and consider these amendments.