Mental health groups welcome long-awaited announcement of new laws

Mental Health Reform, a coalition of groups working in the area, said they had been campaigning for such action over the past six years, describing the current legislation as 'significantly out of line' with international human rights.

Mental health groups have welcomed the Government’s decision to draft a new mental health law.

Health ministers announced that the Cabinet had agreed a new bill be drafted to amend and update the Mental Health Act 2001.

Mental Health Reform, a coalition of groups working in the area, said they had been campaigning for such action over the past six years, describing the current legislation as “significantly out of line” with international human rights.

The Mental Health Act 2001 sets out the care and treatment of people receiving inpatient mental health care, particularly by providing the legal basis for involuntary detention.

Health Minister Stephen Donnelly and Minister of State for Mental Health Mary Butler said they had given the green light for a heads of bill, or general scheme, to amend the 2001 Act.

120 proposed changes

Mr Donnelly said the heads of bill contains more than 120 proposed changes to the act, including:

• Expanding the Mental Health Commission’s regulatory powers to inspect all mental health community residences and services:
• Providing for 16- and 17-year-olds to refuse or consent to their own mental health treatment;
• Strengthening provisions on consent to treatment to bring the act in line with the Assisted Decision-Making (Capacity) Act 2015

The minister said the proposals were an important step in “ensuring the rights of people accessing services are fully vindicated”.

The department consulted the Mental Health Commission, the HSE, the College of Psychiatrists of Ireland and carried out a public consultation.

Health Minister Stephen Donnelly said the heads of bill contains more than 120 proposed changes to the act. File picture: Damien Storan

Ms Butler said the submissions were “invaluable” to the department and said she planned to publish a summary report on the public consultation in the coming weeks.

The publication of the general scheme is also expected in the coming weeks.

'Critical moment'

Reacting, Fiona Coyle, chief executive of Mental Health Reform said: “There is an urgent need to reform the Mental Health Act 2001 to protect the rights of people receiving mental health treatment and care in hospital. This decision represents a critical moment for the future of mental health services in Ireland.” 

She said over the past six years they had advocated for reform of the act, in line with the recommendations of a 2015 expert group.

“Due to gaps in the legislation, the act is significantly out of line with international human rights standards," she said. 

"Consequently, many people using mental health services feel they are not being treated with dignity and respect.”