Proposed Mental Health Bill 'utterly cruel', says College of Psychiatrists president

Dr Lorcan Martin, President of the College of Psychiatrists of Ireland, said: 'If psychiatrists were to follow the legislation as proposed, it would amount to torture as ill patients would see treatment deprived or delayed.'

The Government’s proposed Mental Health Bill is “cruel” and would amount to the “torture” of patients, the president of the College of Psychiatrists of Ireland has said.

In an address at the college’s annual conference in Dublin, Dr Lorcan Martin said this year is a crucial one for mental health service provision in Ireland with a hefty in-tray for the new Government.

“As College President, I cannot overstate the concerns we have regarding the proposed Mental Health Bill which, in its current form, is utterly cruel and will have a hugely detrimental effect on patients and their families,” Dr Martin said.

“Indeed, if psychiatrists were to follow the legislation as proposed, it would amount to torture as ill patients would see treatment deprived or delayed.” 

Long-awaited legislation in this area was put forward in the last Dáil but was never passed into law. The Mental Health Bill 2024 was, however, put back on the agenda for the Government’s legislative programme.

The Government says the bill, which contains 202 sections, is “person-centred” and will protect the rights of people with mental health difficulties in the decades ahead.

What's your view on this issue?

You can tell us here

It will provide for an updated involuntary admission and detention process for people with severe mental health difficulties, as well as an overhauled approach to consent for treatment for involuntarily admitted people.

Minister for Mental Health Mary Butler has said the legislation is a longstanding priority for her, and that it is needed to modernise mental health legislation in Ireland.

“The bill will also benefit all people who access a wide range of mental health services by introducing, for the first time, a comprehensive system of registration and regulation of community mental health services, including all community Camhs,” she said.

However, Dr Martin has said that the bill as proposed would allow for the involuntary hospitalisation of severely mentally ill patients as needed
but only give judges the power to commence involuntary treatment of patients who lack insight and capacity.

He said:

Indeed, if psychiatrists were to follow the legislation as proposed, it would amount to torture as ill patients would see treatment deprived or delayed.

The College of Psychiatrists president said that the right to autonomy is vital but should not and cannot supersede the right to treatment for those who need it yet don’t have the capacity and insight to request it.

A 21-day window in the law for involuntary treatment only applies if someone poses a threat to the life or health of themselves and others, according to Dr Martin.

But, he said, the vast majority of people who need to be hospitalised and treated involuntarily do not pose that risk, so they would be denied treatment under the proposed bill.