The Mental Health Act 2001 (the Act) sets out the care and treatment of people receiving inpatient mental health care, particularly by providing the legal basis for involuntary detention. The Act further provides for an Inspector of Mental Health Services, safeguards for the rights of involuntarily detained individuals, the establishment of the Mental Health Commission as regulator of mental health services and for mental health tribunals, which review detention orders for people involuntarily detained.
The Minister for Health, Stephen Donnelly, and the Minister of State for Mental Health and Older People, Mary Butler, welcome the Government decision today to approve the heads of bill to amend the Mental Health Act.The heads of bill are the result of extensive consultation between the department and key stakeholders over the past number of years, including the Mental Health Commission, the HSE, the College of Psychiatrists of Ireland and a recent public consultation on the review, launched by Minister Butler in March of this year.
Minister Donnelly said:””I am delighted that Government has agreed to the heads of bill, which contain over 120 proposed changes to the Act. The heads of bill introduce guiding principles for adults and children into the Act, to enhance the voice of people using the services; strengthen provisions on consent to treatment to bring it in line with the Assisted Decision-Making (Capacity) Act 2015; expand the Mental Health Commission’s regulatory powers to regulate and inspect all mental health community residences and services, and provide for 16- and 17-year olds to refuse or consent to their own mental health treatment”