Dáil Éireann Debate, Tuesday - 17 November 2020
816. Deputy David Cullinane asked the Minister for Health the status and plans for advancing the Mental Health (Amendment) Act 2018 giving effect to the recommendations of an expert group review on mental health legislation; the legislative timeline; and if he will make a statement on the matter. [36870/20]
View answerThe Mental Health (Amendment) Act 2018 makes changes to the Mental Health Act 2001 regarding the definition of voluntary patient and replaces the principle of best interests with principles that support individuals to make their own decisions. The Act also introduces guiding principles for children and refers to capacity within the meaning of the Assisted Decision-Making (Capacity) Act 2015. The provisions of the 2018 amending Act cannot be commenced until further legislative changes are made and the Decision Support Service, established under the Assisted Decision-Making (Capacity) Act is operational. The changes in these two acts are based on a number of different recommendations of the Expert Group Review of the 2001 Act.
The Department is currently finalising heads of bill to significantly amend and update the mental health legislation, taking into account the 165 recommendations of the Expert Group Review, which was informed in part by a public consultation, a comprehensive submission by the Mental Health Commission (MHC), and Ireland’s domestic and international commitments, such as the Assisted Decision-Making (Capacity) Act 2015 and the UN Convention on the Rights of Persons with Disabilities. The provisions of the Mental Health (Amendment) Act 2018 are also being incorporated into the draft heads of bill.
There are over one hundred sections in the draft heads. The Department has included detailed information under each head to allow for expert input from the MHC and the HSE to be provided prior to publication, to allow the Department the opportunity to address any concerns earlier in the process. The draft heads of bill propose to extensively amend and update existing mental health legislation, moving from what has been described as a paternalistic approach in existing statute, to a more patient-centric, human rights-based approach. The Department had hoped to submit these heads for legal advice by year-end 2020, however, the Department is currently awaiting further input from the HSE, which is expected in early December and plans to consider the HSE’s submission and finalise the draft heads prior to submission for internal legal advice, and to the office of the Attorney General, as required, in early 2021.
A new Part of the Act related to children is being advanced separately, and the Department has approached the HSE, the Commission, the Ombudsman for Children and the College of Psychiatrists for their expert opinions on draft heads. The Department received the MHC’s input this week and expects to receive the remaining draft heads in early December 2020, and the new Part on children will be finalised at the same time as the rest of the heads.
