Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-22
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Mary Butler (FF), Waterford

I cannot support amendment No. 151. It is unnecessary because section 57 already states that a restrictive practice cannot be applied except in accordance with that section and regulations made under section 58. This amendment is exactly the same amendment that was proposed by Sinn Féin in the Dáil. I opposed it in the Dáil and my position has not changed.
I cannot support amendment No. 152 because this was discussed with the Office of the Parliamentary Counsel, OPC, following this proposal on Committee Stage in the Dáil. The term, “in the care of" is used a number of times in the Bill. Seclusion and restraint are some of the most serious infringements on the bodily rights of a person and these provisions require extensive and careful consideration. I and the OPC think that "in the care of" is a term that is appropriate in this context. The new safeguards in the Bill include provisions related to the process of applying a restrictive practice, such as the individuals who can order it and apply it, as well as the principals that underpin the application of a restrictive practice. For example, it should only be for as short a duration as possible where there is no safe alternative and in rare and exceptional circumstances. I have already provided the data in the last answer. As I said, both amendments were submitted in the Dáil. I followed up in relation to amendment No. 152 and the term "in the care of", and I am going to take the advice of the OPC in this respect.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-22/debate/main
Retrieved: 2026-08-14T04:54:32+00:00
Sitting date: 2026-01-22