Minister Butler announces prioritisation of new Government Mental Health Bill on Chief Whip’s Summer Legislative Programme

• new Mental Health Bill to replace the Mental Health Act 2001 placed on Government Chief Whip's priority for publication list in forthcoming Oireachtas session
• finalising the Bill remains a government priority, with the Bill expected to contain in excess of 140 sections
• the new reforming Mental Health Bill is person-centred and will further protect the rights of people with mental health difficulties in the decades ahead

Minister for Mental Health and Older People Mary Butler welcomed Cabinet's approval to include the Mental Health Bill on the priority list of Bills for publication in the current Dáil summer session.

The Bill has been selected for priority publication for the current legislative session, which runs until July, which will mean that the Bill will be among the top legislative priorities for the government in the coming months and will receive additional drafting resources.

Progress on drafting the Bill will also be subject to more intensive scrutiny by Government.

Minister Butler said:

"I am really pleased with the decision by the Chief Whip, and the approval of Cabinet, to include the Mental Health Bill on the priority for publication list in the current Dáil session's Government Legislative Programme.

"This forthcoming new Mental Health Bill is a really important piece of legislation and is our opportunity to put in place more robust, person-centric mental health legislation that will further modernise, reform and protect the rights of people with mental health difficulties in the decades ahead."

The legislative programme delivers on the commitments contained in the Programme for Government. The Bill is a complex and lengthy piece of legislation and is expected to contain in excess of 140 sections.

Speaking about the new legislation, Minister Butler added:

"The Bill will protect the rights of people with severe mental health difficulties who require acute admission and treatment, and while this is only a small percentage of the population who access mental health services, it is crucial that a robust legal framework is put in place to protect their rights. The Bill will also benefit all people who access a wide range of mental health services by introducing, for the first time, a comprehensive system of registration and regulation of mental health services, including all community CAMHS.

"I have prioritised the development of this Bill throughout my time in Office and I look forward to the publication of the Bill later in the summer Dáil session and to bringing it to the Oireachtas thereafter."

Notes

The Mental Health Bill will replace the existing Mental Health Acts 2001 - 2018 and is primarily based on the General Scheme of a Bill to amend the Mental Health Act, 2001, published by the government in July 2021.

The Bill will provide for, among other things:

• an updated involuntary admission and detention process for people with severe mental health difficulties, including a revised set of criteria for detention
• an overhauled approach to consent to treatment for involuntarily admitted people
• an expansion of the Mental Health Commission's regulatory function to include all community mental health residences and services, including all community CAMHS
• closer alignment with the principles of the Assisted Decision-Making (Capacity) Acts 2015 and 2022
• stronger safeguards for people accessing inpatient treatment
• a new, discrete Part of the Bill that deals exclusively with the care and treatment of children and young people, which includes provisions to allow 16- and 17-year-olds to consent to or refuse mental health treatment

The Bill was subject to extensive consultation both during the current drafting process and prior to the publication of the General Scheme in July 2021, including ongoing consultation with the Mental Health Commission, regulator of mental health services, and the HSE, as the main provider of mental health provides in the State. Additionally, the Department of Health has consulted with other key stakeholders during its drafting such as the College of Psychiatrists of Ireland, the Psychological Society of Ireland, the HSE's Engagement and Recovery Team, the Irish Hospital Consultants Association, Mental Health Reform and the Ombudsman for Children. Minister Butler launched a public consultation prior to the publication of the General Scheme which received 100 written submissions, all of which were considered in full prior to the publication of the General Scheme.