Dáil Éireann Debate, Tuesday - 17 April 2018
757. Deputy James Browne asked the Minister for Health the draft legislation, law or policy that each AP in his Department's mental health unit has worked on during 2017 and to date in 2018; and if he will make a statement on the matter. [15437/18]
Amharc ar fhreagra758. Deputy James Browne asked the Minister for Health the number of days worked on drafting the general scheme of his Department's new mental health legislation; the number of APs who have worked on this project; his views on the delayed publication of the Bill's draft scheme; and if he will make a statement on the matter. [15438/18]
Amharc ar fhreagraI propose to take Questions Nos. 757 and 758 together.
There is one Assistant Principal Officer in my Department working full time on mental health legislation, assisted by one Higher Executive Officer. In addition and following the appointment of an additional AP to the Unit, it has been possible to reallocate the workload to prioritise the need to progress the Units legislative requirements.
Amendments to the Mental Health Act 2001 based on the recommendations of the 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 review 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 now also 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 Quarter 3 2018 with consultation then to take place 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.
In addition to the drafting of the General Scheme of a Bill, the above staff have been working on the following Bills/Acts in 2017 and to date in 2018:
- Assisted Decision-Making (Capacity) Act 2015;
- Mental Health (Amendment) Bill 2016;
- Mental Health (Amendment) Bill 2017;
- Mental Health Parity Bill 2017;
- Assisted Decision-Making (Capacity) (Amendment) Bill 2017;
- Deprivation of Liberty Safeguards under the Disability (Miscellaneous Provisions) Bill 2016;
Staff are also required to deal with legislative proposals emanating from other Departments that may have an effect on Mental Health legislation. Such Bills would include, for example:
- Guardian Ad Litem Arrangements under the Child Care Act 1991;
- Adult Safeguarding Bill 2017;
- Corporate Manslaughter Bill 2016; and
- General Data Protection Regulations Bill 2017.
