Dáil Éireann Debate, Wednesday - 24 June 2026
289. Deputy Pádraig O'Sullivan asked the Minister for Health further to the enactment of the Mental Health Act 2026 on 7 May 2026, the commencement order or orders made to date under the Act; the timeline for the secondary legislation required to bring its provisions into operation; whether the resources required for commencement will be sought as part of the Estimates process for 2027; and if she will make a statement on the matter. [48127/26]
Amharc ar fhreagraThe Mental Health Act 2026 was signed into law by the President on 7 May 2026, following years of drafting, consultation, and debate. The Act is the largest overhaul of mental health legislation in a generation and will introduce a more person-centred approach to mental health service delivery. Such a significant legislative change will require change across all mental health services and will require sufficient lead-in time to ensure that the transition to the new Act is a success.
As such, the commencement of the Mental Health Act 2026 will be delivered through a phased, structured implementation programme, given the scale of reform, the system-wide impacts, and the need to ensure service readiness across the HSE, the Mental Health Commission (MHC), and wider stakeholders.
I met with the Mental Health Commission on the 11th of June last to discuss a range of issues, including the preparations for the implementation of the new Act.
Secondary legislation will be required to underpin the operation of the Mental Health Act 2026. As per the Act, the Minister is responsible for the preparation of secondary legislation generally under the Act, and the MHC has responsibility for the preparation of secondary legislation in certain areas, such as the regulation of restrictive practices. Preparatory work is now underway regarding the preparation of secondary legislation in both the Department and the MHC.
An internal oversight group has been established within the Department to progress the Act towards commencement. The role of the group is to develop appropriate project planning, governance and delivery structures including ongoing stakeholder consultation and the identification of the funding requirements to support enactment under the 2027 budget process.
