John Perry (Sligo-North Leitrim, Fine Gael)
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Question 104: To ask the Minister for Health and Children if a review of the area of informed consent to treatment within the mental health system here will be undertaken; and if she will make a statement on the matter. [34901/08]

John Moloney (Laois-Offaly, Fianna Fail)
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Part 4 of the Mental Health Act 2001 outlines the requirements for consent to treatment by detained patients and the circumstances where second opinions, or review by a Mental Health Tribunal are required i.e. electro-convulsive therapy, the administration of medicine and psycho-surgery. The Act did not however address the issue of informed consent to treatment generally.

For the purposes of Mental Health Act 2001, consent means consent, obtained freely without threats or inducements, where

the consultant psychiatrist responsible for the care and treatment of the patient certifies that the patient is capable of understanding the nature, purpose and likely effects of the proposed treatment, and

the psychiatrist has given the patient adequate information, in a form and a language that the patient can understand on the nature, purpose and likely effects of the proposed treatment.

Under the Act the consent of a patient to treatment is required except where the consultant psychiatrist considers that the treatment is necessary to safeguard the life of the patient, to restore his or her health, to alleviate his or her condition, or to relieve his or her suffering, and the patient is incapable of giving such consent because of his/her mental disorder. It is accepted that the provisions relating to consent to treatment will require further consideration in the context of the new capacity legislation currently being prepared by the Dept of Justice, Equality and Law Reform.