Ulster Unionist Party Health Spokesperson, Jo-Anne Dobson MLA, has welcomed the introduction of legislation that seeks to provide a legal framework for assessing an individual’s decision-making capacity.

The Upper Bann MLA said:

“The Mental Capacity Bill will develop a new, single legislative framework for determining capacity of an individual to make decisions in regards to key issues such as their healthcare and legal affairs. In turn it will completely overhaul a raft of existing mental health legislation and practices.

“Importantly the Bill will also remove the ability for someone to be treated for a mental health condition against his or her wishes if he or she retains the capacity to refuse such treatment, thus putting it on a par with the rights that individuals currently enjoy to make decisions regarding physical health treatment.

“Up until now, whilst the support has been extensive, in some circumstances it has been too far-reaching. People with poor mental health often cannot be defined or pigeon-holed into a single category; their circumstances are often complex and ever-changing and the blanket protections currently in place have not always recognised this.

“It is regrettable, however, that it has taken so long for this Bill to actually come to the floor of the Assembly, especially considering it was proposed as far back as 2009 following the Bamford Review. This delay not only allowed two Executive Departments to prevaricate as to their own responsibilities, leading in turn to what I believe was an overdue consultation process, but it also has meant that the Bill now faces a very challenging legislative timescale.”