The Sub-Committee on Mental Health has published the Pre-Legislative Scrutiny Report on the Draft Heads of Bill to amend the Mental Health Act.

Speaking on the publication of the Report, Cathaoirleach of the Sub-Committee on Mental-Health, Senator Frances Black said “This Sub-Committee agreed to undertake pre-legislative scrutiny of the General Scheme in 2021 and we have endeavoured to scrutinise the proposed legislation and provide recommendations on areas where it believes changes or amendments are warranted. The Sub-Committee held eight meetings and also received submissions from a number of stakeholders.”

Senator Black said “the experiences of the witnesses who joined us in public session provided us with a valuable insight into the issues with Mental Health Services in Ireland, from both the perspective of practitioners and those accessing services.”

Senator Black added “through these public sessions, it has become apparent that there is a need for a human-rights based approach to mental health services. Ensuring that the autonomy and dignity of those accessing mental health services is protected is of vital importance, and will improve the experience of those accessing these services.”

Read the Pre-Legislative Scrutiny Report on the Draft Heads of Bill to amend the Mental Health Act

Some of the recommendations contained in the report are:

1. The Sub-Committee recommends that a stronger focus needs to be put on a human rights-based approach within the proposed legislation and the proposed heads need to fully adhere to the spirit and rationale of the UN Convention of the Rights of Persons with Disabilities.

2. The Sub-Committee recommends that the General Scheme be amended to remove references to the term ‘mental disorder’ and replace it with ‘persons with psychosocial disabilities’ in line with the UNCRPD and the social model of disability.

3. The Sub-Committee recommends that the State should ratify the Optional Protocol of the CRPD at the earliest possible opportunity.

4. The Sub-Committee recommends that the reform of mental health legislation must be accompanied by State measures, including legislation, aimed at ensuring less restrictive forms of treatment in the community are available and the ultimate eradication of coercion in the treatment of persons with psychosocial disabilities. This includes investment in community-based support and services for persons with psychosocial disabilities and through assisting persons to utilise the Assisted Decision Making (Capacity) Act 2015 to exercise their capacity. The provisions in the Assisted Decision Making (Capacity) Act 2015 will need to be extended to all citizens, including those involuntarily detained, in order for this to be possible.

5. The Sub-Committee recommends that there is close alignment between the relevant mental health legislation in compliance with the standards of the CRPD.