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Legislative Process

Dáil Éireann Debate, Thursday - 7 May 2026

Thursday, 7 May 2026

Ceisteanna (572)

Pádraig Rice

Ceist:

572. Deputy Pádraig Rice asked the Minister for Health the number of amendments tabled to the Mental Health Bill 2024 at all stages, broken down by Government and opposition; the number of the amendments that were accepted, broken down by Government and opposition; and if she will make a statement on the matter. [33906/26]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the nature of the legislative process allows for amendments to be tabled at Committee and Report Stages in both the Dáil and Seanad and a single snapshot figure is not reflective of the overall final number of amendments, with some amendments ruled out of order and others being overwritten or amended by subsequent amendments.

The following gives an overview of amendments tabled to the Mental Health Bill 2024 in the Dáil and Seanad:

• Dáil Committee Stage – 299 amendments tabled, of which 231 were Government amendments (including over 100 typographical/drafting amendments and approx. 20 amendments following consultation with the Department of Children, Disability and Equality (DCDE) and the Department of Justice, Home Affairs and Migration (DJHAM);

• Dáil Report Stage – 133 amendments tabled, of which 50 were Government amendments, all to correct typographical/cross referencing matters;

• Seanad Committee Stage – 400 amendments tabled, of which 316 were Government amendments (including approx. 140 typographical/drafting amendments and approx. 85 amendments following further consultation with DCDE);

• Seanad Report Stage – 328 amendments tabled, of which 312 were Government amendments (including approx. 200 typographical/drafting/cross referencing amendments, approx. 70 amendments following further consultation with DCDE and approx. 20 amendments following further consultation with DJHAM).

The Mental Health Bill 2024 completed its passage through the Houses on 29th April, with 492 Seanad amendments accepted, in addition to the 280 Government amendments previously accepted in the Dáil. One Opposition amendment was accepted at Seanad Committee Stage from Senator Frances Black, which related to the accessibility of information to be given to a person admitted to a registered acute mental health centre.

A significant number of amendments were introduced by the Government that were directly informed by debates in the Dáil and Seanad, and many of which mirror amendments tabled by Opposition (e.g., amendments in relation to 'pharmacological restraint'/'chemical restraint').

These amendments include:

• A right to be informed of any available advocacy supports following the admission of any individual (adult or child, voluntary or involuntary) to a registered acute mental health centre.

• Additional safeguards regarding consent to treatment provisions, including the introduction of mandatory time periods in which additional capacity assessments must be carried out (no longer than every 14 days) and the introduction of a maximum period of time in which the capacity assessment process must be concluded where treatment is being administered (no longer than 72 hours.)

• The prohibition of electro-convulsive therapy (ECT) to those under 18.

• The introduction of two new sections empowering the Mental Health Commission to regulate pharmacological restraint.

• Additional safeguards in other areas of the Bill, including the use of restrictive practices and an increased threshold for the criteria for involuntary admission ('materially benefit' rather than 'benefit').

• An amendment to the guiding principles for children to make clearer the presumption of capacity for children aged 16 years and older.

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