Patients 'should have right' to refuse ECT

SEANAD REPORT:MINISTER OF State for Disability, Equality and Mental Health Kathleen Lynch said it was her belief that a patient should have the right to refuse electroconvulsive therapy (ECT).

“Our laws should not allow two consultant psychiatrists to override the expressed wishes of a patient and force an unwilling person to undergo this treatment.

“I accept the clinicians have the patient’s best interests at heart and may consider the treatment to be life-saving but if a patient who has the necessary capacity to make the decision has been given all information about the procedure and opts to refuse treatment, I believe that it is incumbent on us to ensure that the decision is respected.”

She readily accepted that the term “unwilling” should be deleted from section 59 (l) (b) of the 2001 Mental Health Act.

Ms Lynch, who was speaking in the resumed committee stage debate on the Green Party’s Mental Health (Involuntary Procedures) (Amendment) Bill 2008, said she wanted to examine the reputed benefits and reputed limitations of the treatment before she made any legislative changes. She also needed time to consider if it would be feasible to simply delete the provisions relating to ECT in the 2001 Act and allow common law to prevail.

“But let me make it quite clear that the legislation will be changed. The Government for national recovery is committed to a review of the Act, which will be informed by human rights standards.”

At the outset of yesterday’s sitting, Cathaoirleach Pat Moylan said he had summoned the meeting, having received a request signed by 30 members to discuss the Bill and a motion on the programme for government.

Eugene Regan (FG) said the House would hope the Taoiseach could achieve some success at the European Council meeting – which starts today – to reconfigure the arrangements that had been agreed with Europe on support and funding, the rescue of our banking system and the improvement of the State’s finances.

When this country had been in the process of adopting the Lisbon Treaty, a previous European Council, in July 2009, had taken a decision that gave guarantees to Ireland on a range of issues – not least being the issue of taxation – that nothing in the treaty would affect the Irish position regarding taxation.

“The conclusions of that European Council expressly stated that the decision in this regard was legally binding on the community and that this would be written in as a protocol to the next accession treaty. The pressure being brought to bear on Ireland’s corporation tax rate of 12.5 per cent is being led by President Sarkozy and supported to some extent by the German chancellor and is unacceptable in circumstances where such a solemn guarantee and declaration was given to this country.

“If that were to be European Union policy, it would represent an act of utmost bad faith against this country.”

The issue of solidarity was also enshrined in the Lisbon Treaty and must be highlighted. He hoped small member states would support Ireland and the Taoiseach in his efforts.