Sandra McLellan
Ceist:10 Deputy Sandra McLellan asked the Minister for Health his plans for review and reform of mental health legislation; and if he will make a statement on the matter. [24209/12]
Amharc ar fhreagraWednesday, 16 May 2012
Ceisteanna (11, 12)
Caoimhghín Ó Caoláin
Ceist:58 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will give assurances that the review of the Mental Health Act will address the situation of the lack of safeguards for voluntary patients, many of whom remain in mental health hospitals without any requirement of external review of admission or detention, the lack of adequate protections in relation to electro-convulsive therapy, the lack of automatic access to an advocate, how and when people are re-graded from involuntary to voluntary ahead of a tribunal and the need for the Mental Health Act to interplay with the provisions of the upcoming capacity legislation. [24191/12]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 10 and 58 together.
The Programme for Government includes a commitment to review the Mental Health Act 2001, "informed by human rights standards and in consultation with service users, carers and other stakeholders".
The Government and I attach great importance to this review and in June of last year I established a Steering Group to oversee the review with Terms of Reference including the need to have regard to the recommendations of ‘A Vision for Change' and the provisions of the UN Convention on the Rights of People with Disabilities.
To ensure that the review attracted wide attention, a public consultation campaign was launched in September 2011 and 100 submissions were received from a variety of organisations with an interest in mental health as well as from individuals with experience of or comments on service delivery prompted generally by their own experience or that of a family member.
Since July 2011 the Steering Group, which was tasked with producing an interim report in the first instance, has met 9 times to discuss the main issues arising, while a further 15 meetings with key stakeholders were also held.
The interim report has now been completed and is under consideration within the Department. The second and substantive phase of the review should commence in the near future.
The purpose of the Mental Capacity Bill is to bring Irish capacity legislation into line with current thinking and modern legislative frameworks worldwide, including the Convention on the Rights of People with Disabilities, by establishing a comprehensive framework to support persons lacking the mental capacity required to exercise their legal capacity. I am aware that what emerges from the review of the Mental Health Act will need to dovetail with the Mental Capacity Bill.
The issues of safeguards for both voluntary and involuntary patients in general, and specifically in relation to the administration of ECT, as well as the regrading of involuntary patients and access to advocacy services, are issues that have arisen in the context of the interim review and will be further examined in the substantive phase of the review.