I move amendment No. 136: In page 58, line 19, to delete “a second” and substitute “another”.

I move amendment No. 137: In page 58, line 29, after “of” to insert “a capacity assessment under subsection (1) , or”.

I move amendment No. 138: In page 58, line 32, after “to” to insert “or refuse”.

I move amendment No. 139: In page 58, after line 40, to insert the following: “Treatment of persons lacking capacity to consent, or otherwise, under Chapter 3 46. (1) Where, prior to his or her involuntary admission or following an application under Section 48 , an involuntarily admitted person is declared under Part 5 of the Act of 2015 to lack capacity to consent to or refuse a proposed treatment, the treatment may be administered to him or her if— (a) in a case where there is a decision-making representative dul…

This section has been deleted by way of Committee Stage amendment and instead has been placed into the new section 48.

I am sorry, but which section did the Deputy mention? We are on-----

We are only on section 46 now.

I move amendment No. 140: In page 58, after line 40, to insert the following: “Administration of treatment following admission 47. (1) Subject to subsections (2) , (3) , (4) , (5) and (8) , where, following the making of an involuntary admission order— (a) a person is assessed under Section 45 as lacking capacity to consent to or refuse treatment, or (b) a capacity assessment or a second capacity assessment is being carried out under Section 45 , but that assessment has not been completed, treatment may be administ…

I am a little thrown. I believe we have already discussed amendment No. 140 under amendments Nos. 136 to 146. I stand open to correction. Perhaps we have not.

We have already discussed amendment No. 140. We discussed amendments Nos. 131 to 134 and Nos. 136 to 146.

I will try to respond to the Deputy then. I am somewhat trí na chéile trying to find the right section.

I move amendment No. 141: In page 58, after line 40, to insert the following: “Application to Circuit Court in certain circumstances 48. Where an involuntarily admitted person has been assessed as lacking capacity to consent to or refuse a proposed treatment under Section 45 and there is not— (a) a decision-making representative appointed under the Act of 2015 duly authorised to make decisions relevant to the person’s mental healthcare and treatment, (b) a valid advance healthcare directive in respect of the person…

I move amendment No. 142: In page 58, after line 40, to insert the following: “Treatment without consent pending Circuit Court determination 49. (1) Without prejudice to the generality of Section 43 , treatment specified in subsection (2) , may be given to the involuntarily admitted person concerned where— (a) an application has been made to the Circuit Court in relation to an involuntarily admitted person under Section 48 but no determination has yet been made in relation to the application, or (b) after the initi…

I move amendment No. 143: In page 58, after line 40, to insert the following: “Application to High Court for treatment order in certain circumstances* 50. (1) Where treatment cannot be administered to an involuntarily admitted person because the person— (a) has capacity to make decisions about his or her treatment but refuses to consent to the treatment concerned, or (b) has a relevant decision-making representative, or has a valid and relevant advance healthcare directive or a relevant designated healthcare repres…

I move amendment No. 144: In page 58, after line 40, to insert the following: “Electro-convulsive therapy 51. (1) Subject to subsection (2) , electro-convulsive therapy shall not be administered to a person unless he or she gives consent in writing to the administration of the therapy. (2) Where the person has been found to lack capacity to give consent to a proposed treatment under Section 45 , then the provisions of Section 46 shall apply. (3) The Commission shall, with the consent of the Minister, following cons…

I move amendment No. 147: In page 63, line 29, after “after” to insert “the initiation of”. I do not intend to support amendment No. 148. I believe it is unnecessary because section 56 already states that a restrictive practice cannot be applied except in accordance with that section and regulations made under section 57. Just for that reason; it is already there. I cannot accept amendment No. 149 following discussion with the Office of Parliamentary Counsel. "In the care of" is used 11 times in the Bill already. S…

We looked carefully at amendment No. 149. I had to take advice from the Office of the Parliamentary Counsel. Initially I thought that we would be able to accept it but "in the care of" is used 11 times in the Bill already. Seclusion and restraint, as the Deputy said, are some of the most serious infringements on bodily rights. Under careful consideration, the Office of the Parliamentary Counsel and the Attorney General felt that "in the care of", after having been used 11 times in the Bill already, is a term that i…

I move amendment No. 150: In page 65, between lines 4 and 5, to insert the following: “(c) where it is the least restrictive practice possible in the circumstances,”.

I move amendment No. 151: In page 65, line 15, to delete “view” and substitute “opinion”.

I move amendment No. 152: In page 65, line 18, to delete “registered acute mental health centre or designated centre” and substitute “registered proprietor of a registered acute mental health centre or designated centre”.