Dáil Éireann Debate, Tuesday - 9 December 2025
829. Deputy Barry Ward asked the Minister for Health if her attention has been drawn to concerns related to the Mental Health Bill 2024, as passed by Dáil Éireann (details supplied); the actions she will take to address the specific concerns highlighted; and if she will make a statement on the matter. [69014/25]
View answerThe revision of the Mental Health Act and the development of a new Mental Health Bill is a longstanding priority of the Department of Health and mine, as Minister for Mental Health and features in the current Programme for Government, as well as in previous Programmes for Government. It is also a major component of Recommendation 92 of our national mental health policy, Sharing the Vision, and a priority project under Sláintecare.
The Mental Health Bill 2024 will replace the existing 2001 Act, introducing a more modern, person-centred approach to mental health legislation and put in place a more robust framework in which mental health services will be delivered and regulated.
The Mental Health Bill is informed by the 165 recommendations of an Expert Group Review of the 2001 Act, the results of a public consultation, and an independent legal review, as well as extensive consultation with key stakeholders such as the Mental Health Commission, the HSE, other Government Departments and key civil society organisation and professional representative group stakeholders.
In particular, the Department had frequent engagement with the Commission and the HSE as the regulator of, and largest provider of, mental health services respectively. The input of both organisations was of vital importance to the final version of the Bill and the Department continues to actively engage with both organisations as the Bill progresses through the legislative process.
The Department is satisfied that the wide-ranging, extensive, consultation with stakeholders from all sectors has provided a solid basis for the review and revision of the Act and has positively impacted on the Bill.
The Mental Health Bill 2024, which contains 222 sections, was published in July 2024, completed its passage through the Dáil in July 2025 and is currently before Committee Stage in the Seanad. The purpose of the Mental Health Bill is to uphold and strengthen the rights of people accessing mental health services. Some of the main changes in the Bill include:
• A revised approach to the involuntary admission process, including the introduction of guiding principles, a revised set of criteria for involuntary admission, an enhanced role for Authorised Officers in the admission process, and new definition of the term ‘mental disorder’.
• An overhauled approach to consent to treatment, including greater alignment with the Assisted Decision-Making (Capacity) Act 2015, and greater limits on how and when a person who lacks capacity can be treated without consent.
• The introduction of additional safeguards, such as the statutory requirement for individual care plans, the right of people receiving acute mental health treatment to select a nominated person to receive information on their behalf, and significantly enhanced safeguards in relation to the use of seclusion and restraint.
• A new Part of the Bill dedicated to the care and treatment of children and young people, which includes the presumption of capacity for young people aged 16 and 17 years to consent to or refuse admission and treatment.
• Providing for an expanded regulatory remit for the Mental Health Commission to regulate 24-hour community residences and community mental health services.
Improving the experience for individuals accessing mental health services was fundamental to the review of the Mental Health Act. Individuals receiving treatment under the Mental Health Bill 2024 will be empowered to play a more active role in making decisions about their care and treatment. However, the Bill also recognises the reality of providing treatment to people in acute mental distress in what is often a highly pressurised environment. We must ensure that there are necessary safeguards and protections in place for people who are deprived of their liberty, while also ensuring there is timely access to care and treatment in circumstances where people are acutely unwell and unable to consent to or refuse treatment. I believe the Bill represents that balance.
The Mental Health Bill, along with our national mental health policy, Sharing the Vision, will provide robust legislative and policy frameworks for our mental health services going forward.
As the Deputy will be aware, the Mental Health Bill 2024 is before Committee Stage in the Seanad at present.
Among the proposed Government amendments to the Bill at Committee Stage are two new sections to provide for the regulation of the use of pharmacological, or ‘chemical’, restraint, one section in relation to adults and one in relation to children. The sections provide for the Commission to make Regulations in relation to the use of pharmacological restraint and sets out that it may only be administered according to strict criteria.
With regard to an independent complaints mechanism, the Bill strengthens the requirement that people receiving treatment in a registered acute mental health centre be given information in relation to the complaints procedure in the centre. This is true for both involuntarily and voluntarily admitted people.
The 2006 Approved Centre Regulations include a Regulation related to complaints procedures. These Regulations will be replaced under the new Bill, and I expect greater detail in relation to complaints procedures will be included in the new Regulations.
Any person receiving care and treatment in a HSE facility has the opportunity to make a complaint to the Office of the Ombudsman. The Office of the Ombudsman can investigate these complaints about the HSE.
In relation to advocacy services, Sharing the Vision, our national mental health policy, reinforces the need for every person with mental health difficulties to have access to a comprehensive stepped mental health service that is recovery-oriented and based on integrated co-produced recovery care plans supported by advocacy services as required.
Recommendation 65 of Sharing the Vision outlines how the HSE should ensure access to appropriate advocacy supports in all mental health services. The HSE is committed to developing advocacy services to ensure that everyone is empowered to taking a leading role in their own care, as is their human right. The latest Sharing the Vision implementation status indicates that the delivery of this recommendation is 'on-track'.
Commissioned research into advocacy services in Ireland has been completed, including an analysis of current service provision and identified gaps. A working group is now developing a prioritised service improvement plan, including mental health advocacy for young people and ethnic minority groups. The National Advocacy Service for People with Disabilities already provides support to people who use mental health services, most commonly in relation to housing, social protection or other entitlements. The National Advocacy Service for People with Disabilities also currently delivers the Patient Advocacy Service under contract with the Department of Health. The Programme for Government includes a commitment to extend the Patient Advocacy Service (PAS) to support those accessing public mental health services.
With regard to advocacy in the Bill, Sections 185 and 186 of the Bill as initiated include a statutory right to appoint a nominated person on their behalf and Sections 25, 42, 74 and 75 allow the nominated person to be provided with information in relation to the person’s treatment under the new Bill or on the application of a restrictive practice. Access to a nominated person during a Mental Health Review Board under Section 27, during discharge in Sections 41 and 70), and care planning in Sections 179 and 180, or when making decisions about treatment in Sections 44 and 79, are also provided for.
I look forward to progressing the Bill through Committee and remaining stages as soon as possible.
