These include the proposed introduction of new mental capacity legislation and the modernisation of existing mental health legislation. Both will be supported by an overarching set of human rights principles. Health Minister, Michael McGimpsey is leading the consultation.
The Minister said: “We are now consulting on proposals for long-term legislative change that will make a real difference to people’s lives. The aim is to protect the dignity and human rights of some of the most vulnerable people in society including those with a mental disorder, those with a learning disability and those unable to make important decisions for themselves.
“This will ensure that where a person has the mental capacity to make a decision they will be allowed and facilitated to do so. In circumstances where this decision-making ability is impaired, additional powers and protections will be put in place including substitute decision–making arrangements in relation to the individual’s treatment, care, welfare, assets and financial affairs.
The Minister concluded: “The overall principle of legislative reform is autonomy. This was envisaged by Bamford and is a vision I am determined to achieve. Through this work, we have a real opportunity to bring long-lasting positive benefits to our society in terms of the enhancement of individual care and protection, dignity and human rights, and public safety.”
It is anticipated that both Bills will be enacted into law within the current Assembly by April 2011. This will ensure the framework envisaged by Bamford is delivered at the earliest opportunity.
Notes to Editors:
1. The Bamford Review published a series of 10 reports between 2005 and 2007. The ‘Comprehensive Legislative Framework’ along with the other reports is available online
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2. The consultation document ‘Legislative Framework for Mental Capacity and Mental Health Legislation in Northern Ireland’ is available on the DHSSPS website
This is supported by the NI Executive.
3. Consultation will close on 31 March 2009.
4. Media enquiries to DHSSPS Press Office on 028 90520575 or out of hours contact the Duty Press Officer via 076 9971 5440 and your call will be returned.
