Before treatment can be administered to a person, the person must consent to that treatment, except in very limited circumstances.
Where a person is accessing mental health services in the community, they cannot be forced to accept treatment if they do not want. Instead, people must be encouraged to access treatment with the support of their multidisciplinary team.
The Mental Health Act 2001 provides for the involuntary admission and treatment to acute mental health settings (known as 'approved centres' under the Act) for treatment for a person's 'mental disorder'.
The 2001 Act includes a number of provisions in relation to consent to treatment for involuntary patients only, and does not legislative for consent to treatment for voluntary patients or anyone accessing mental health services outside of approved centres.
The 2001 Act only permits treatment being administered to a person without their consent in very limited circumstances, namely where 'the treatment is necessary to safeguard the life of the patient, to restore his or her health, to alleviate his or her condition, or to relieve his or her suffering, and by reason of his or her mental disorder the patient concerned is incapable of giving such consent.'
An involuntary patient under the 2001 Act cannot be treated without consent if the person has the capacity to consent to or refuse treatment.
The Mental Health Bill 2024, which is currently before Committee Stage in Dáil Éireann, retains this position. The Bill, as being amended at Committee Stage, will continue provide for treatment without consent for a defined period of time where a person has been assessed as lacking capacity, where a person does not have a relevant, valid substitute decision-making arrangement under the Assisted Decision-Making (Capacity) Act 2015, and where the person continues to meet the criteria for involuntary admission in the Bill.
The Bill also provides for involuntary treatment to be provided in very limited circumstances where a person is a risk of serious and immediate harm to another person and refuses to consent to treatment, or a relevant substitute decision-maker refuses to consent to treatment. In such cases, an application for a treatment order to the High Court must be made to determine whether the limited criteria have been met.
The Assisted Decision-Making (Capacity) Act 2015 is the responsibility of my colleague the Minister for Children, Disability and Equality, and any changes to capacity legislation generally would be within the policy remit of her Department.
In relation to dual diagnosis services more generally, the Government is committed to a more integrated and holistic approach to the development of mental health, dual diagnosis and primary care services.
Government policies, including Sharing the Vision and Reducing Harm, Supporting Recovery, set out clear commitments to improving services for people with a dual diagnosis. Sharing the Vision recommends several actions for Dual Diagnosis, with the with the implementation process led by the National Implementation Monitoring Committee and the HSE, and recognising that people with a dual diagnosis should have access to appropriate mental health services and supports.
An integral part of the HSE’s Dual Diagnosis Programme has been the development of a Model of Care which describes a clear clinical pathway for all adolescents and adults suspected of having a dual diagnosis covering integration across primary care, substance misuse, community mental health and acute services.
The Model of Care, which was endorsed by the College of Psychiatrists of Ireland and I launched in May 2023, recommends the development of 12 Adult Specialist Dual Diagnosis Teams nationally, and 4 Adolescent Hub Teams.
One of the key components of the Model of Care is the establishment of specialist teams to support individuals with dual diagnosis, and funding of over €3 million has been provided to support recruitment in this area, to date.
Since the launch of the Model of Care, the development of specialist Dual Diagnosis services has been progressing. It is planned to develop two adolescent and two adult Dual Diagnosis teams. The roll out of the Dual Diagnosis teams is progressing with adult teams starting in Cork and Limerick in 2024, with two other adolescent teams currently being developed for Dublin. Under Budget 2025, two further teams and additional posts have been funded for 2025.
In the meantime, individuals who do require treatment for dual diagnosis are being supported by the relevant HSE social inclusion addiction services in their community. For hospital admissions, people with dual diagnosis are treated through Emergency Departments.
This continued investment highlights this Government’s commitment not only to mental health, but to ensuring that the mental health services that we develop and deliver are reflective of the needs of modern society.