Wednesday 11th June 2025
Mental Health Reform warmly welcomes the progress of the Bill to Committee Stage.
We would like to acknowledge and thank Minister Mary Butler and her officials for their considerable work in bringing
this long-awaited legislation forward. This is the first major overhaul of our mental health law in over 20 years, and it marks a critical step toward delivering on the vision of person-centred, recovery-focused mental health services set out in our national policy, Sharing the Vision.
We see this Bill as a significant opportunity; a once-in-a-generation chance to modernise our mental health legislation and bring it into line with human rights standards, including Ireland’s obligations under the UN Convention on the Rights of Persons with Disabilities. As Ireland’s leading mental health advocacy coalition, representing over 80 organisations, Mental Health Reform is supportive of the overall direction of the Bill. It includes many positive reforms, such as the recognition of advance healthcare directives, a new status for people with impaired capacity, and a more structured approach to consent and supported decision-making. That said, we believe the Bill can be further strengthened in a number of key areas.
First, we encourage a review of the use of clinical language such as “mental disorder” and “mental illness.” While this terminology may be appropriate in certain contexts, it risks excluding people whose experience does not fit within a medical model. We recommend using the term “mental health difficulties,” as used in Sharing the Vision and by the UNCRPD.
Second, we strongly support the provisions relating to a nominated person and decision-making supports. We believe this should be complemented by the inclusion of a statutory right to independent advocacy for everyone accessing mental health services, particularly those who are involuntarily or intermediate-status patients. Advocacy plays a vital role in ensuring individuals understand and can exercise their rights. While we support the move to reduce coercion and promote rights-based care, further safeguards are needed around involuntary treatment and capacity assessments, including time limits, independent oversight, and guaranteed access to advocacy.
Third, we are concerned that the Bill does not yet prohibit the admission of children to adult psychiatric units, which has been widely acknowledged as inappropriate and harmful. We recommend that the legislation include a clear statutory prohibition, which would reinforce the obligation to invest in appropriate child and adolescent services.
Fourth, we would welcome the establishment of an independent complaints mechanism as part of this legislative reform. Many people using mental health services do not feel safe or empowered to raise concerns directly with service providers, and this gap must be addressed.
Finally, we also propose reducing the review period for the Act from ten years to five years, with a clear commitment to include people with lived experience in that process.
The Bill is a crucial part of the jigsaw to improve mental health services in Ireland, and we commend the Minister and Department for the substantial work done to date. By making the further changes we outline in our submission, we believe the legislation can truly embed a compassionate, person-centred, and human rights-based approach to mental health care for the future. The Bill needs to be supported with adequate resources to ensure its implementation, including the expansion of oversight from the Mental Health Commission.
