Reform the Mental Health Act
Why do we need to reform the Act?
People cannot wait any longer to have their rights protected.
The Mental Health Act, 2001 is outdated, it does not comply with international human rights standards, and does not adequately protect people’s rights.
That is why Mental Health Reform are campaigning for the full and urgent reform of the Mental Health Act, 2001.
When can we reform the Act?
Pre-Legislative Scrutiny of the Heads of Bill to amend the Mental Health Act 2001 is now being undertaken by the Sub-Committee on Mental Health.
- 02nd November: Department Officials presented to the Committee.
- 16th November: the Mental Health Commission was before the Committee.
- 30th November: As a leader in this campaign, Mental Health Reform presented to the Sub-Committee on Mental Health. The Sub-Committee sessions can be watched back and the transcripts accessed, on the Oireachtas website. Click on the button below for access.
What are some of the gaps in current legislation?
- Guiding Principles for Children: There are no specific guiding principles for children.
- Individual Care or Recovery Plans: There is no legal right to an individual care or recovery plan.
- Advocacy & Information: Voluntary patients do not have basic rights to information and advocacy.
- Capacity to Consent for 16 and 17 year olds: Young people aged 16 and 17 cannot consent to or refuse mental health care, but they can consent to or refuse physical health care.
- Advanced Healthcare Directives: Involuntary patients do not have the right to have their advance wishes about treatment respected.
MHR welcomes that most of these gaps have been addressed in the Heads of Bill. However, MHR is still concerned about Capacity to Consent for 16 and 17 year olds. We have been raising this matter as it relates to the Assisted Decision-Making (Capacity) (Amendment) Bill 2021 , the General Scheme of which is available here.
What is needed?
- Full reform of the Mental Health Act, 2001
- Draft changes to the legislation to be published in full as soon as possible
- A clear timeline for when the new Bill will be published
- A full outline of the need to Reform the Mental Health Act, 2001 is outlined in Mental Health Reform’s Briefing Note. Click the buttons below to read the Briefing Notes.
Earlier this year, Mental Health Reform commissioned NUI Galway lecturers Dr Charles O’Mahoney and Dr Fiona Morrissey, to compile a Human Rights Analysis of the legislation. This Human Rights Analysis document and accompanying summary document, are now available. You can read both documents by clicking the images below.
What has happened so far?
The Mental Health Act, 2001 came into operation in full on 1st November 2006.
These laws outline the process for people being admitted and treated in an in-patient facility for mental health care, and a person’s rights when they are admitted to an in-patient facility for mental health care.
The Mental Health Act, 2001 provides the legal basis for involuntary detention.
You can read the Mental Health Act (2001) in full here.
Mental Health Reform has advocated for the publication of the new legislation that will update the Mental Health Act in line with Expert Group recommendations.
The Expert Review Group made 165 recommendations that they felt were needed to update the Act.
Since the publication of their report, only 2 of the 165 changes recommended by the Expert Review Group has been made.
You can read Mental Health Reform’s analysis of the Expert Group Review’s Report here.
You can read the Expert Group Review of the Mental Health Act, 2001 Report here.
In 2016, we were successful in campaigning for the removal of the word ‘unwilling’ from Sections 59 and 60 of the Mental Health Act.
The removal of the word ‘unwilling’ meant that Electroconvulsive Therapy (ECT) and medication (administered for over three months) could only be administered to an involuntary patient without their consent, where it could been determined that the person is unable to consent to the treatment.
You can read that amendment to the Act here.
In 2018, Mental Health Reform supported a Bill by Fianna Fáil Spokesperson on Mental Health, James Browne, TD, entitled, the Mental Health (Amendment) Bill 2017.
The Bill sought to make certain small but very important changes to the Mental Health Act.
This included introducing a definition of a ‘voluntary patient’ to include only people who have capacity to make their own decisions (with support if required) and who do give their consent to admission to hospital. With the support of Mental Health Reform, our members and our supporters, this Bill was passed into law and became the Mental Health (Amendment) Act 2018.
This Act has not yet been commenced.
You can read Mental Health Reform’s analysis of the Mental Health (Amendment) Act 2018 here.
You can read the Mental Health (Amendment) Act 2018 here.
In early 2021, the Department of Health lead a review of the Mental Health Act. As part of this review, the Department invited submissions from the public and key stakeholders. Information about the sections of the Act that the Department sought submissions on, can be found here.
Mental Health Reform hosted information sessions and created submission guidelines for the public in the run up to the public consultation. You can access our public information sessions, our submission guidelines, and read our full submission to the Department by clicking the buttons below.
Government approval of Heads of Bill
On 13th July 2021, Mental Health Reform welcomed the Government approval of the heads of Bill to amend the Mental Health Act. Mental Health Reform welcomes this important step taken by the Government to approve Ireland’s new mental health law. The decision represents a critical moment for the future of mental health services in Ireland.
You can read our full press release here.
What are the heads of Bill?
Before a Bill is finalised, a general scheme of the Bill may be published. This is often called the heads of Bill. The general scheme of a Government Bill undergoes scrutiny by an Oireachtas Committee before the text of the Bill is finalised. To find out more about how a Government Bill is passed, click here.
Heads of Bill for the Mental Health Act
The heads of Bill for the Mental Health Act are the result of extensive discussions between the Department of Health and key stakeholders over the last number of years. The heads of Bill contains over 120 proposed changes to the Act. These include guiding principles for adults and children into the Act, the voices of people using mental health services, and strengthened provisions for consent to treatment.
What happens next?
The draft heads of Bill has been published. It will now be scrutinized by the Oireachtas through the Joint Oireachtas Committee on Health, who will make a report with recommendations. We in Mental Health Reform will also be reviewing the heads of Bill, offering opportunities for members and service users to provide feedback. We will continue to make Oireachtas members aware of the key issues that need to be addressed.
Together, we can make a difference and get people the rights they are entitled to and the reforms we need to mental health laws!
- Briefing Note: Mental Health Act, 2001
- Briefing Note: Mental Health Act (Amendment), 2018
- “Delay in legislation risks human rights violations” Press Release
- Ministers Donnelly and Butler welcome Government approval of the heads of bill to amend the Mental Health Act
- “Mental Health Reform welcomes Government approval of the heads of Bill to amend the Mental Health Act” Press Release
- “Government must reform mental health laws to protect the rights of adults and children” Press Release