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Legislative Measures

Dáil Éireann Debate, Tuesday - 27 March 2018

Tuesday, 27 March 2018

Ceisteanna (415)

James Browne

Ceist:

415. Deputy James Browne asked the Minister for Health when the general scheme of a Bill reflecting the 165 changes recommended by the expert group review of the Mental Health Act 2001 will be made available; the Departmental resources dedicated to the progress of this Bill; and if he will make a statement on the matter. [13994/18]

Amharc ar fhreagra

Freagraí scríofa

An Expert Group Review of the Mental Health Act 2001 was published in 2015.  There are 165 recommendations contained in the review and most of these relate to amendments to the Mental Health Act.  The changes are progressive in nature and first and foremost seek to move away from the often paternalistic interpretation of the existing legislation to one where, insofar as is possible, the individual has the final say in what he/she deems to be in his/her best interests.

The previous Government granted approval for the preparation of a general scheme of a bill to reflect the recommendations of the review in revised mental health legislation.  Work is ongoing on this comprehensive updating of our mental health legislation and the draft heads are expected to be significantly progressed by end of Q3 2018, at which point consultation with the Mental Health Commission will take place.  It is essential that the Mental Health Commission, which has a very significant and important role in overseeing the safeguards provided in the Act, have full input into the framing of the many amendments to be included in revised mental health legislation.

There is a full time resource within the Department working entirely on mental health legislation and incorporating the recommendations of the Expert Group Review is a key priority for the Department’s Mental Health Unit.  Following a recent staff appointment to the Unit, it has been possible to reallocate the workload in the Unit so as to allow key staff focus solely on legislation.

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