Mary Butler

That is general information on admittance. It is not to say that it is being used but------

On admittance. It is general information that is provided.

I reassure the Deputy this is the first time that pharmacological restraint will be regulated. It was not regulated in the 2001 Act. The regulation will be drafted by the Mental Health Commission, who are the right people to do this. I understand the concerns Mental Health Reform might have raised but at the same time we have to have a workable Bill. We have to have a situation where it is led by …

There was extensive debate on the topic of advocacy on Committee Stage over a number of amendments and hours. Following those debates, as well as an amendment tabled by Senator Black, I introduced several amendments on Report Stage in the Seanad in relation to information on advocacy supports. These amendments will ensure that any person admitted under the new Act will be given information in rel…

I think there is a lot of confusion here. To be honest, there has been a lot of griefing against the patient advocacy services that are being provided. It is important to put this on the record of the Dáil. The patient advocacy service is an independent, free and confidential service which can provide support to people who wish to make a complaint about the care they or a family member has receive…

These amendments delete subsection (c) in the definition of "relevant health professionals", which referred to "a registrant" within the meaning of section 3 of the Health and Social Care Professionals Act 2005. Following the Seanad Committee Stage debates, the Mental Health Commission wrote to me regarding this definition. The commission is responsible for drafting all of the rules in relation to…

These amendments relate to the Family Courts Act 2024 and will align court proceedings for children in a mental health context with court proceedings for children in a child protection and a family law context. There are consequential amendments to change references from the Circuit Court to the Family Circuit Court and the High Court to the Family High Court. The alignment with the family courts…

That is noted. We are co-operating with the Departments of justice and children in regard to this Bill.

These amendments relate to transitional provisions, so we are getting to the business part of the Bill. These are the sections of a Bill that allow for the transition from an existing Act to a new Act that will replace it. In this case, the existing Act is the Mental Health Act 2001 and the new Act is the Mental Health Act 2026. For example, if the new 2026 Act is commenced on 1 January 2028 - I …

I agree with the Deputy 100% and, to be fair, in one situation when we moved the Central Mental Hospital from Dundrum to where it is located now, which is Portrane, the HSE spent a lot of time making sure it got that right. A lot of planning will have to be put in place when the transition from one Bill to another happens. I will be meeting the new chief executive of the HSE next week to discuss t…

Amendment No. 52 is being introduced for the avoidance of doubt to state plainly that young people over the age of 16 shall be presumed to have the capacity to make decisions about their care and treatment, unless shown otherwise. Where a young person has capacity, the views of their parents are to be recorded but cannot supersede the views of the young person.

These amendments correct cross-references following amendments to the Bill on Committee and Report Stages in the Seanad.

These amendments are minor wording changes adding "responsible" in front of "consultant psychiatrist" in some instances. These amendments are to ensure consistency in language across the Bill.

These are technical amendments to replace the word "record" with "records" where it occurs throughout the Bill.

This grouping relates generally to children aged 16 or 17 who have been assessed as lacking capacity under the Bill. This is not a new policy but instead places the provision in a more appropriate section. It provides that where a capacity assessment is being carried out on a child, it is done as soon as practicable, regularly to meet the individual child’s needs, but not less than once every 14 d…

The two amendments in this grouping do not represent a significant change in policy from the Bill, as passed by the Dáil, but have been included to clarify what should happen for voluntarily admitted children who are in the care of Tusla. Amendment No. 203 provides for children who are in the care system to be admitted for inpatient mental health treatment on a voluntary basis, with the consent o…

These amendments both relate to legal representatives assigned for the provision of legal aid. Amendment No. 438 removes subsection 196 (7) which is not required now as the definition in section 2 requires the legal representative to be a practising barrister or solicitor. Amendment No. 439 sets out that the legal representative assigned must provide information to the commission, where requested,…

These amendments all relate to the Criminal Law (Insanity) Act 2006 and were introduced following extensive consultation between my Department and the Department of justice as well as consultation between both Departments and the Attorney General’s Office. The Department of justice is the Department with policy responsibility for this Act, so it was important that it supported all amendments. That…

I would be confident that nobody will lose a pathway. All of the patients at the time will be patients of an approved centre. The Mental Health Commission will play a role here and the HSE will play a significant role here. Their role will be to ensure that every single person under the new Act has his or her rights vindicated. We will keep a close eye on it.

I thank Deputies for the debate today on this landmark legislation to update and modernise our mental health laws. The enactment of this Bill has been a long-standing priority for me and for the Government, and I am very proud to see it being passed here today. The Bill will now go to Uachtarán na hÉireann for her consideration. This is once-in-a-generation legislation. The previous Mental Health …

We all share the same goal, namely to ensure this legislation will facilitate the putting in place of a more robust framework in which our mental health services will be delivered and regulated into the future. I thank my colleagues in government for their continued support. I particularly thank the Taoiseach for reappointing me to this role in order that I could complete the work on the Bill rig…

I thank the Leas-Cheann Comhairle very much.

Hear, hear.

I move: Tuesday's business shall be: - Motion re Ministerial Rota for Parliamentary Questions (without debate and any division claimed to be taken immediately) - Motion re Proposed approval by Dáil Éireann of meeting of the Joint Committee on Climate, Environment and Energy in Wexford (without debate) - Motion re Consideration of Estimates by Committees (without debate) - Statements on the Co…

As the Ceann Comhairle knows, during the Business Committee meeting last Thursday, there were very few issues with the Order of Business. There was a request for additional time. It was facilitated. All issues raised here today can be discussed. I think only Deputy Collins raised the issue of short-term lets last Thursday. In relation to mental health, I will be in the Dáil tomorrow for another fo…