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Mental Health Act Review

Dáil Éireann Debate, Wednesday - 23 October 2019

Wednesday, 23 October 2019

Ceisteanna (145)

James Browne

Ceist:

145. Deputy James Browne asked the Minister for Health when legislation to update the Mental Health Act 2001 will be published; and if he will make a statement on the matter. [43708/19]

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Freagraí scríofa

The report of the Expert Group set up to review the Mental Health Act 2001 was published in 2015. The report contains 165 recommendations and proposes a move away from the often paternalistic interpretation of the existing legislation as well as including provisions which are intended to strengthen the protections for people who are detained without consent in approved centres. The broad thrust of the changes recommended by the Expert Group has been accepted and the previous Government gave approval for the drafting of a General Scheme of a Bill to amend the existing legislation to reflect the recommendations of the Expert Group.

Progress on the comprehensive updating of the 2001 Act has been delayed in part because of the need to deal with a number of Private Members Bills over the past three years, as well a requirement for emergency legislation to cure a finding of unconstitutionality of section 15(3) of the 2001 Act.  

A draft of heads of a bill based on the recommendations of the Expert Group Review of the 2001 Act was sent to the Mental Health Commission for their consideration on 2 July 2019.  It is essential that the Mental Health Commission, which has a very significant and important role in overseeing the safeguards provided in the Act, has full input into the framing of the many amendments to be included in revised mental health legislation.

This is a phase in a process with the Commission likely to require a period in the region of six months to study and comment on the draft heads. Upon receipt of the Commission's comments, the Department will work with the Commission and other stakeholders on revising the draft where necessary, and then ready the legislation for publication.

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