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The Mental Capacity Act (Northern Ireland) 2016 - progress so far
Gerard Lynch1, Patrick Hann2, Adam Flynn3
1Royal College of Psychiatrists in Northern Ireland, Belfast, UK.
None:
The Northern Ireland Mental Capacity Act (MCA) fuses mental health and capacity legislation into a single legislative framework for involuntary treatment for all those aged 16 years and over. Impairment of decision-making capacity is a mandatory prerequisite for any interference in a person's autonomy without their consent. Such 'fusion' legislation, as described by Dawson and Szmukler (2008), has the potential to reduce discrimination in the law against psychiatric patients and would apply consistent ethical principles across medical law. This approach was recommended by the Bamford Review in 2007 and the MCA was passed by the Stormont Assembly in 2016. The legislation has not as yet been fully introduced and a phased implementation is being undertaken. This article describes progress so far and discusses measures that are required if the anticipated benefits of fusion legislation are to be realised.
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