Dáil Éireann Debate, Tuesday - 13 January 2026
2285. Deputy Ciarán Ahern asked the Minister for Health the way in which the State regulates and monitors the use of practices (details supplied) in relation to people other than in ‘approved centres’ under the Mental Health Act 2001; and if she will make a statement on the matter. [74938/25]
View answer2286. Deputy Ciarán Ahern asked the Minister for Health the way in which the State regulates and monitors the use of restrictive practices (details supplied) in residential settings other than ‘approved centres’ under the Mental Health Act 2001; and if she will make a statement on the matter. [74939/25]
View answer2287. Deputy Ciarán Ahern asked the Minister for Health the way in which the State regulates and monitors the use of restrictive practices (details supplied) in community mental health services; and if she will make a statement on the matter. [74940/25]
View answerUnder current legislation, the regulatory remit of the Mental Health Commission is limited to approved inpatient mental health centres. This includes reporting on compliance with Rules and Codes of Practice on the following restrictive practices – the use of mechanical means of bodily restraint, physical restraint and seclusion. The Mental Health Commission does not regulate community mental health services at present.
The Mental Health Bill 2024 will expand the regulatory function of the Mental Health Commission to include all community mental health residences and services, and include rules to govern the use of ‘pharmacological restraint’ in inpatient mental health services.
The regulation of all community mental health services has been a key priority of mine since I took office and I am keen to see the regulation of these services commenced as quickly as possible. Additional resources will be required to ensure that HSE services being regulated for the first time can meet the statutory requirements of the Mental Health Bill and any Regulations made thereunder. Resources will also be required to expand the number of Inspectors working in the Mental Health Commission to inspect the new range of services.
Regulation in any sector requires a robust legal framework. Certain types of services that will be regulated under the new Mental Health Bill are the first of their kind to be regulated in the State. Furthermore, community services include a broader range of service providers outside of the HSE, including more private and for-profit providers. The Mental Health Bill will place obligations on these service providers to meet new statutory requirements and will potentially require services to review their procedures, premises and other matters if found to be noncompliant. Considering this, it is vitally important that the Bill and any Regulations made thereunder create a regulatory system that is legally robust, fair and person-centred.
The Bill is currently at Committee Stage in the Seanad and I look forward to enacting the Bill in the coming weeks.
