Mental Health Reform welcomes the passage of the Mental Health Bill through Committee Stage in Seanad Éireann. As the Bill moves to Report Stage, the coalition is calling for key reforms to protect the rights of people experiencing mental health difficulties.
Helen Gillespie Brown, CEO, Mental Health Reform commented:
“Over the past decade, Mental Health Reform has played a central role in the reform of the Mental Health Act. The Mental Health Bill represents a landmark effort to modernise Ireland’s mental health legislation in line with human rights principles and international best practice.
We welcome the Government’s commitment to advancing key amendments to the Bill during Committee Stage. This progress reflects the impact of sustained advocacy by Mental Health Reform, its members, and people with lived experience. While progress is welcome, we continue to call for stronger protections and safeguards for those accessing mental health services.
The Mental Health Bill will have a profound impact on people with mental health difficulties, their family members and carers. Every year, over 15,000 people in Ireland are admitted to in-patient mental health services. It is therefore critical that the Bill respects their will and preferences and supports their recovery.
As the Bill moves to Report Stage, we will continue to work with Government representatives and Members of the Opposition to secure meaningful improvements in the legislation.”
Mental Health Reform is calling for the following key amendments in the Mental Health Bill:
Provide a statutory right to advocacy
Minister of State for Mental Health, Mary Butler has made a commitment to looking at introducing a statutory right to advocacy for people accessing mental health services through secondary legislation. Access to an independent advocate ensures people can exercise their rights and express their wishes and concerns. Comparable protections already exist in England, Scotland, and Wales. We urge the Minister to deliver on this commitment to expand independent advocacy services for all people accessing mental health services. This has been consistently identified in our consultations with people with lived experience as a top priority.
Establish an Independent Complaints Mechanism
We recommend that the Mental Health Bill introduces a legal right to an independent complaints process for people accessing mental health services. This is essential to uphold the rights and dignity of people in involuntary detention. The independent complaints process must be legally separate from service providers with defined timeframes for investigating complaints, clear investigatory powers and protections for people making the complaint against retaliation.
Prevent the admission of children to adult units
The Mental Health Bill should prevent the admission of children to adult inpatient units. While this practice has declined in recent years, the absence of clear safeguards in the Bill creates a risk that such admissions could increase in the future. It is vital that the rights of children experiencing mental health difficulties are protected and that they receive care that is appropriate to their age and developmental needs.
Additional Information
Mental Health Reform has developed an information resource outlining areas where the Mental Health Bill could be strengthened, drawing on evidence from international human rights standards and comparative legislative practice. Read the document here.
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.