Mental Health Reform has welcomed the final passage of the Mental Health Bill 2024.
Helen Gillespie Brown, CEO of Mental Health Reform, said: “This is the culmination of 10 years of campaigning to deliver new law that strengthens the rights of people accessing mental health services. Mental Health Reform celebrates the immense contribution of our members, colleagues, people with lived experience, their family members, carers and supporters. We campaigned hard, and much was won.
The Bill that finally passed is better than the one that was first published. Mental Health Reform with the support of Oireachtas members, secured crucial amendments that aligned the Bill better with international human rights standards and best practice.
Key strengths of the Bill include regulation of CAMHS, community mental health services and residences by the Mental Health Commission which potentially substantially improve standards and accountability. The Bill’s guiding principles are also notably more person-centred and rights-based, emphasizing the will and preferences of the individual and embedding a presumption of capacity.
In addition, a number of recent amendments, secured following sustained advocacy efforts, have further improved the Bill. We particularly welcome the 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 strengthening protections in relation to involuntary treatment, requiring that all people admitted to inpatient mental health services are informed of available advocacy supports.
The Bill marks real progress, but more work remains to be done. Mental Health Reform will continue to advocate for stronger protections for people with mental health difficulties. We call for a statutory right to independent advocacy in primary legislation. We do however welcome Minister Mary Butler’s commitment to resource advocacy services and to introduce a right to advocacy for people accessing mental health services through secondary legislation.
We have highlighted the need for an independent complaint’s 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 reviewing the existing complaints process and improving it.
We call for a law to prevent the admission of children to adult inpatient units. The practice has declined but the absence of legal safeguards creates a risk that admissions could increase in future.
We congratulate Minister Butler, Oireachtas members, the Department of Health, and all stakeholders involved in bringing this Bill to fruition. Enactment of the Mental Health Bill is a crucial step in the delivery of person-centred, integrated, recovery-focused services, as set out in our national mental health policy, Sharing the Vision.
Now the law has been made, the next step is implementation. We look forward to working with our members, supporters, people with lived experience, statutory bodies, government and Oireachtas members to ensure the Bill delivers a modern, rights-based mental health system in Ireland.”