I believe there are around 180 amendments in this grouping, so I will not repeat them. While there is a significant amount of amendments in this grouping, they all relate to smaller amendments. These amendments are being introduced to provide clarity or for consistency with wording elsewhere. There are no policy changes in this grouping. To pick some examples from this group, amendment No. 55 inserts a comma after th…
TDs / Mary Butler
Mary Butler
Minister of State at the Department of the Taoiseach with special responsibility as Government Chief Whip; and the Department of Health with responsibility for Mental Health
Portrait: Mary Butler (CC BY 4.0) · source file
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216,769
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214,650 as a minister, 2,119 as a TD
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- constituency Waterford 29 November 2024 to now
- party Fianna Fáil 29 November 2024 to now
- office Minister of State at the Department of the Taoiseach with special responsibility as Government Chief Whip; and the Department of Health with responsibility for Mental Health 23 January 2025 to now
The amendments in this grouping all relate to the care and treatment of children. Amendments Nos. 7, 14, 15, 33 and 38 all relate to definitions. The later amendments in this grouping insert these definitions later in the Bill. Amendment No. 14 inserts a new definition of "guardian" to ensure consistency with the understanding of "guardian" in other enactments. Amendment No. 15 inserts a definition of "guardian ad li…
These amendments relate to the entire process of involuntary admission of a child in Part 4 of the Bill. They include changes to criteria for involuntary admission to make the protections stronger for children. It includes minor changes to the involuntary admission process, which is done by way of application by the HSE to the District Court. This grouping also includes a number of additional safeguards for children,…
I thank Deputies Quaide and Clarke for acknowledging the significant improvements that have been made since we have been here last. I appreciate that.
In relation to amendment No. 276, the reality is that there needs to be a legal basis for the Garda to take a child into custody where the child is an immediate and serious risk of harm and to ensure there are pathways for that child to be examined and receive treatme…
I will conclude with one other point. The Bill does not legislate for or against child admissions. This is important. It was the reason I felt in the Seanad that if I included an amendment that said a child cannot be retained for more than 72 hours after an admission, we were nearly saying it was okay to do this. I do not want to see that happening at all.
In 2008, there were 247 admissions to adult units. As I said…
These amendments relate generally to the involuntary admission process for adults. Many of the amendments in this grouping are smaller in nature. For example, Seanad amendment No. 12 inserts the term "for involuntary admission" after the word "recommendation" on line 3 of page 16. Similarly, Seanad amendment No. 54 provides for the deletion of a definition in section 11, and Seanad amendment No. 10 provides for the i…
I will work backwards if that is okay. In relation to the patient advocacy services, and we spent a lot of time discussing this in the Seanad but it is important to put it on the record of the Dáil, I very strongly believe that patients, regardless of what health service is being assessed whether a nursing home, approved centre, day services or whatever, should be able to advocate if they are not happy with the suppo…
These amendments update the definition of "nominated person" to clarify that a nominated person must be an adult, which is a person 18 years or older. The rest of the amendments in this grouping change the word "nominee" to "nominated person". This is being done to ensure consistency in language across the Bill.
A nominated person, as I said, can be a person over the age of 16 who an adult or child admitted to an in…
It is 18 years. Sorry, I did say 16. I apologise. The minute I said it I knew it was wrong. It was a typo. It is 18. I thank the Deputy.
These amendments relate to chemical or pharmacological restraint and provide for the regulation of pharmacological restraint on adults and children. I asked officials in my Department to review this matter following a debate in the Dáil last year and requested that the Mental Health Commission carry out a rapid evidence review of pharmacological restraint in other jurisdictions. The amendments introduced in the Seana…
They absolutely have to inform the family. I am looking at the amendment. They have to tell the family because they have to be able to discuss the treatment of the child with the parents. It is important to balance the debate because, while we are discussing restrictive practices, Sharing the Vision includes a recommendation to adopt a zero-seclusion, zero-restraint approach in mental health services and there has be…
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 the Mental Health Co…
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 relation to any availab…
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 received in a public acute …
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 the use of restrict…
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 system is a positiv…
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 use that to explain …
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 that and I have alrea…
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.