Government approves heads of bill to amend the Mental Health Act

Government approves heads of bill to amend the Mental Health Act

Stephen Donnelly

The government has approved the heads of a bill to make over 120 amendments to the Mental Health Act 2001, including strengthening provisions for consent to treatment.

Health Minister Stephen Donnelly said: “The heads of bill introduce guiding principles for adults and children into the Act, to enhance the voice of people using the services; strengthen provisions on consent to treatment to bring it in line with the Assisted Decision-Making (Capacity) Act 2015; expand the Mental Health Commission’s regulatory powers to regulate and inspect all mental health community residences and services, and provide for 16- and 17-year olds to refuse or consent to their own mental health treatment.

“It is an important step in ensuring that the rights of people accessing services are fully vindicated.”

Mary Butler, minister of state for mental health and older people, added: “I would like to extend a sincere thanks to everyone who has engaged with the Department in this process, including everyone who took the time to submit their views in the public consultation, particularly those submissions from people with lived experience of mental health services and their family members.

“These submissions were invaluable to the department in finalising the heads of bill. I plan on publishing a summary report on the public consultation in the coming weeks.”

A formal bill will now be drafted by the Office of the Attorney General in consultation with the Department of Health.

The heads of bill will be sent to the joint Oireachtas committee on health and will also be published on the Department’s website this month.

Speaking on the next steps, Ms Butler said: “I am looking forward to working with my colleagues on the Oireachtas Committee on Health as they carry out their own review of the heads of bill. Completing the review of the Act has been a major priority for me since my appointment last year, and I am glad to see we have reached that milestone.

“The bill will be a significant step in ensuring parity between mental and physical health, in empowering people to make decisions about their own mental health care and in enhancing protections and safeguards for people accessing the mental health services. I am committed to seeing the bill drafted as quickly as possible so it can be introduced to the Oireachtas.”

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