A public consultation on the ongoing review of the Mental Health Act 2001 has been announced by Mary Butler, the Minister of State for Mental Health and Older People.

Key stakeholders, including people who have used the mental-health services, and their families, are invited for their input, to inform the review prior to publication of draft legislation to update the act in full.

The proposed legislation sets out the care and treatment of people who need inpatient mental-health care, with a particular focus on procedures for involuntary detention. 

It further provides for:

• An Inspector of Mental Health Services,
• Safeguards for the rights of involuntarily detained individuals,
• The establishment of the Mental Health Commission as regulator of mental-health services, and
• Establishment of mental-health tribunals, which review detention orders for people involuntarily detained.

Voice

Minister Butler said: “The voice of people who use our mental-health services, and their families, is of paramount importance when developing policies and legislation.

“While the review of the act is based on the 2015 Expert Group report, which included a public consultation, and garnered widespread support, I am delighted to be able to give the public another opportunity to share their views.” 

Minister Butler added: “The review of the Act, being led by the Department of Health, has been ongoing for the past several years, and since producing a first version of draft heads to amend the act in July 2019, has carried out extensive engagement with the Mental Health Commission and the HSE.

Vulnerable in society

“The act sets out the care and treatment of some of our most vulnerable in society. Furthermore, it is a considerably large and very complex piece of legislation with over 120 sections. It has taken time to ensure that the act and its review, and the impact of any legislative changes on service users, were properly and fully considered. 

The review takes into account new and emerging legislation, including the Assisted Decision Making (Capacity) Act 2015 and any interdependencies or interactions with the 2001 act.

The minister said that the emerging legislation is person-centred, and takes a human-rights approach to the care and treatment of mental-health service users.

Reform

An Expert Group met over the course of almost two years before publishing its report in 2015. The report contains 165 recommendations, with the majority related to reform, and a small number of new sections were recommended for inclusion.

Details on the submission process, including a detailed guidance document and privacy information, can be found online.