Dáil Éireann Debate, Thursday - 21 September 2023
56. Deputy Mark Ward asked the Minister for Health if the Government has any plans to regulate CAMHS under the Mental Health Act 2001 to give the Mental Health Commission statutory oversight of CAMHS; and if he will make a statement on the matter. [40730/23]
Amharc ar fhreagraUnder the Mental Health Act 2001, the Mental Health Commission (MHC) is required to register, inspect and regulate all approved centres, including CAMHS approved centres across the country, with inspections taking place at least once a year.
The Government values the independent role of the MHC, which is to promote high standards and good practice in mental health services. I acknowledge that mental health services must evolve to ensure they are in line with international best practice and regulatory requirements. It has been the Government's long standing position that all mental health services in the community would be regulated under the new Mental Health Bill, including all CAMH services.
The Department has consulted closely with the MHC over the past number of years on the new Mental Health Bill which is currently being drafted. A key element of that Bill, agreed with the MHC, will be the expansion of the Commission’s regulatory remit to include community residences and services, including CAMH services. Secondary legislation may only be made to expand upon that which is already present in primary legislation, and there are no provisions in the existing Mental Health Act for the making of Regulations in community residences or services, as Section 66 of the 2001 Act explicitly refers only to approved centres.
Drafting of the Mental Health Bill is currently being progressed by the Office of Parliamentary Counsel, generally in line with the published General Scheme. The Bill received priority drafting in the spring and summer legislative sessions this year and officials in my Department and the Office of Parliamentary Counsel are working intensively to prepare this lengthy, complex Bill. The publication of the Mental Health Bill is a priority for me and for the Government and I look forward to introducing the Bill to the Oireachtas as soon as possible, once published. Following publication of the Bill, the regulation of community residents and services, including CAMHS, will be introduced on a phased basis.
The new Bill will overhaul our mental health legislation making it more person-centred and human rights focused and help to put in place a more robust framework in which mental health services can be delivered.
