241 amendments to mental-health bill proposed
The Government is to put forward 241 amendments to a bill aimed at modernising mental-health legislation during Committee Stage in the Dáil in the coming weeks.
Mary Butler (Minister of State responsible for mental health) secured Cabinet approval for the proposed amendments to the Mental Health Bill 2024 yesterday (27 May).
The bill contains 202 sections – including regulation of all community Child and Adolescent Mental Health Services (CAMHS) for the first time.
The bill will also provide an updated involuntary admission and detention process for people with severe mental-health difficulties – including a revised set of criteria for admission – while also bringing legislation more into line with the Assisted Decision-Making (Capacity) Acts 2015 and 2022.
Treatment
The Department of Health says that many of the 241 amendments relate to technical issues, while others seek to address the concerns of stakeholder groups.
It adds that the most significant amendments are linked to provisions in the bill for the small proportion of adults who are involuntarily admitted to an acute mental-health unit and lack capacity to consent to treatment.
As published, the bill allows treatment for involuntarily admitted people who lack capacity and do not have a substitute decision arrangement in place without the need for a determination by the Circuit Court for a period of up to 21 days, or while awaiting a determination of the court, if they are a risk to themselves or others.
The proposed amendments will extend the permissible treatment period for a further 21 days (up to a maximum of 42) where it is approved by a second consultant psychiatrist, or while awaiting the appointment of a substitute decision-making arrangement by a court, provided the person continues to meet the criteria for involuntary admission and continues to lack capacity.
Criteria broadened
The amendments also propose to broaden the criteria for the administration of treatment during such periods beyond risk to self and others to include criteria based on the need for treatment.
"The amendments seek to strike an appropriate balance between respecting the autonomy of the individual while ensuring timely access to care and treatment where necessary,” said Minister Butler.
"I am confident the amendments will make the bill stronger, make it easier to implement, and better protect and vindicate the rights of people accessing treatment," she added.
Minister Butler has also written to the Mental Health Commission asking it to begin developing new standards for CAMHS in advance of the commencement of the legislation.
The bill was published in July last year and was restored to the order paper after the general election in November.