Dáil Éireann Debate, Wednesday - 18 June 2014
154. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she has considered the recent decision of the UK Supreme Court in the Cheshire West case (details supplied); if the decision will have any impact on forthcoming legislation in this jurisdiction on the issue of mental capacity; and if she will make a statement on the matter. [26189/14]
View answerI am currently considering the implications of this case for the provisions of the Assisted Decision-Making (Capacity) Bill 2013. As the Deputy will be aware, the aim of the Bill is to safeguard the autonomy of individuals with capacity difficulties to the greatest extent possible. To that end, the Bill explicitly references the obligations regarding deprivation of liberty outlined in Article 5 of the European Convention on Human Rights. It limits the powers of attorneys and of decision-making representatives in this regard.
In order to comply with the European Convention on Human Rights, the Bill makes provision for safeguards to protect against the arbitrary deprivation of liberty of those lacking capacity who are detained for treatment for a mental disorder. The Bill ensures that the provisions of the Mental Health Act 2001 will continue to apply to any decision to detain a person for such treatment. It also ensures that there is no conflict between the Bill and the 2001 Act with respect to the treatment of a patient for mental disorder. These provisions will be re-examined on completion of the review by the Department of Health of the operation of the 2001 Act.
The Assisted Decision-Making (Capacity) Bill passed second stage in the Dáil last December and is currently being prepared for Committee Stage.
