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 or she deems to be in his or 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.