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Mental Health Act Review

Dáil Éireann Debate, Wednesday - 25 June 2014

Wednesday, 25 June 2014

Questions (42)

Colm Keaveney

Question:

42. Deputy Colm Keaveney asked the Minister for Health the measures he will bring forward to improve the legal protections for voluntary patients within the mental health system; and if he will make a statement on the matter. [27035/14]

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Written answers

The Mental Health Act 2001 provides the legislative framework within which people who require admission on a voluntary or involuntary basis can be cared for and treated in approved centres within our mental health services. While the majority of the 2001 Act deals with the involuntary admission and treatment of a person with a mental disorder in an approved centre, the Act does define a voluntary patient as 'a person receiving care and treatment in an approved centre who is not the subject of an admission order or renewal order' (section 2 (1) ).

As the Deputy will be aware, the Mental Health Act 2001 is currently under review and a Steering Group set up as part of the initial phase of the review published its report in June 2012. This report is available on my Department's website and it identifies weaknesses regarding the current definition of voluntary patients as an area requiring change in addition to making a number of recommendations to strengthen protections for voluntary patients in revised legislation.

An Expert Group is currently conducting the second and substantive phase of the review and will expand on the recommendations of the Steering Group in more detail. As the Group is currently concluding its deliberations, it would be inappropriate for me to comment on its recommendations in advance of the completion of the final report, which I expect to receive by the third quarter of 2014. However, I would expect that the Group, in addition to revising the definition of a voluntary patient, will make recommendations to improve the legal protections for voluntary patients including the need to ensure that the informed consent of a person is obtained for all voluntary admissions.

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