Dáil Éireann Debate, Tuesday - 16 January 2018
853. Deputy Pat Buckley asked the Minister for Health the timeframe for the enacting, signing, commencement and implementation of primary and secondary legislation related to the Mental Health Commission; and when outstanding work in this regard will be completed. [55041/17]
View answerThe Mental Health Commission is a statutory body whose functions are set out in the Mental Health Act 2001.
Amendments to the Mental Health Act 2001 based on the recommendations of an Expert Group Review of the Act in 2015 are currently being progressed. The review contained 165 recommendations, most relating to proposed changes to our mental health legislation. The Deputy can find the full text of the Review on my Department’s website at the following link: http://health.gov.ie/wp-content/uploads/2015/03/Dept-Health-Report-Expert-Group-for-website.pdf. The report contains recommendations relating to revised criteria for detention, revised definitions of mental illness and treatment, a greater role for Authorised Officers where involuntary admissions are being considered, improved safeguards for involuntary admission to approved centres, improved safeguards for change of status from voluntary to involuntary patient and shorter times for Tribunal hearings. These changes and others, when included in revised mental health legislation, will further improve the protections available to involuntary patients in this country.
Government has approved plans to proceed with the general scheme of a bill and officials are working on the heads of the amending bill which will legislate for the recommendations of the Review. My Department and I accept the importance of advancing this work as quickly as possible. It is a comprehensive legislative undertaking which must also now take account of the provisions of the Assisted Decision-Making (Capacity) Act 2015 which was enacted after completion of the Expert Group Report. I expect the text of the General Scheme of a Bill to be significantly progressed by mid-year with consultation then to take place in Quarters 3 and 4 with the Mental Health Commission on refining the draft text. Once the General Scheme is completed, it will be forwarded to Government for approval before publication.
