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Mental Health Act Review

Dáil Éireann Debate, Tuesday - 21 January 2014

Tuesday, 21 January 2014

Questions (629)

Colm Keaveney

Question:

629. Deputy Colm Keaveney asked the Minister for Health the position regarding the review of the Mental Health Act 2001, which was committed to in the 2011 programme for Government, and which has been under consideration by the expert group since August 2012; the date on which the review will be completed; and if he will make a statement on the matter. [2644/14]

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Written answers

The Mental Health Act 2001 is a key piece of legislation regarding the rights of people involuntarily detained and treated in approved centres within our mental health services. The Act is being reviewed at present in line with the commitment contained in the Programme for Government to review the Act "informed by human rights standards and in consultation with service users, carers and other stakeholders".

The review is a two phased approach, the first phase of which saw a Steering Group produce an Interim Report in June of 2012. The recommendations of the Interim Review have been well received by key stakeholders and fully endorsed the rights based approach to mental health law in addition to supporting the objectives of 'A Vision for Change' especially in relation to the promotion of community based mental health services. Changes to limit the number of people detained and to improve procedures and safeguards regarding their detention were also recommended and the need to strengthen provisions relating to children was also emphasised.

An Expert Group was subsequently set up in August 2012 to carry out the second and substantive phase of the review and to look at the recommendations of the Interim Report in more detail. The main issues being addressed by the Expert Group include the need to move away from the paternalistic nature of the Act and the need for greater protections for individuals who are involuntarily detained which also include capacity, consent, criteria for detention and the promotion of a recovery based approach. The Expert Group have also been guided by the need to ensure the Act is fully compliant with the Convention on the Rights of Persons with Disabilities (CRPD) and have also taken into consideration the publication of the Assisted Decision Making (Capacity) Bill. The Expert Group has met on a total of ten occasions. I look forward to receiving the Expert Group's report in the coming months and, on receipt, I will be considering its recommendations.

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