Mental Health Reform has welcomed the passage of the Mental Health Bill 2024 through Final Stage in the Seanad. The Bill will now return to the Dáil for final approval before being signed into law.
The Mental Health Bill represents the largest overhaul of the State’s mental health laws in decades. It will replace the Mental Health Act, 2001 and introduce a modern legal framework to strengthen the rights of people accessing mental health services.
Helen Gillespie Brown, CEO, Mental Health Reform said: “The Mental Health Bill represents a historic opportunity to transform Ireland’s mental health laws. The completion of Report Stage and Final Stage in the Seanad marks a key milestone in this long-awaited reform.
There has been significant progress since debates began in the Seanad in December. The Government has committed to advancing amendments that will enhance safeguards and supports for people with mental health difficulties. We commend Minister Mary Butler and Senators for their dedicated and focused work, the level of scrutiny undertaken and the constructive engagement with this vital legislation.
We particularly welcome a number of important developments, including the introduction of regulation for pharmacological (chemical) restraint, a ban on the use of ECT for children and stronger recognition of the rights of young people aged 16 and over to make treatment decisions.
We also welcome amendments, requiring that all people admitted to inpatient mental health services are informed of available advocacy supports, and that people who are involuntarily detained receive information about their rights in a form and language they can reasonably understand. This progress reflects sustained advocacy by Mental Health Reform, our members, supporters, people with lived experience and colleagues across the mental health sector.
We have consistently called for a statutory right to independent advocacy to be included in the primary legislation, in line with comparable protections in England, Scotland and Wales. While this is not provided for in the Bill, we welcome the Minister’s commitment to expand advocacy services and to introduce a right to advocacy for people accessing mental health services through secondary legislation.
We have also highlighted the need for an independent complaints mechanism. Many people using mental health services do not feel comfortable raising concerns directly with service providers. The independent complaints process must be legally separate from service providers with clear timeframes, investigatory powers and protections. We welcome the Minister’s commitment to review the existing complaints process to examine how it can be improved.
We have called for a provision in the Bill to prevent the admission of children to adult inpatient units. We recognise that this practice has declined in recent years, yet the absence of clear legal safeguards creates a risk that such admissions could increase in future. It is essential that the rights of children experiencing mental health difficulties are protected in law and that they receive care that is appropriate to their age and developmental needs.
The enactment of the Mental Health Bill will be a crucial step in the delivery of person-centred, joined up, recovery-focused services, as set out in our national mental health policy, Sharing the Vision. Sustainable, multi-year investment will be critical to its effective implementation across mental health services.
We recognise the rigorous efforts undertaken to reform this legislation and the impact it will have on people. We are committed to continuing our work with our members, supporters, people with lived experience and Oireachtas members to realise a modern, rights-based mental health system in Ireland.”
Additional Information
For more information on the Mental Health Bill, read our Plain English Guide.
We’ve created a summary of the changes made during Seanad Committee Stage, along with the key areas where further progress is essential. Read the Summary Factsheet.
All of our resources are available on our dedicated webpage to Reform the Mental Health Act #ReformMHA.