Jim Daly (Cork South West, Fine Gael) | Oireachtas source

Section 3 of the Bill substitutes a new section 4 of the 2001 Act, which effectively replaces the existing principal consideration of the Bill of "best interests", with a number of new human rights based principles. My Department does not object to this proposal, which mirrors very closely a recommendation of the expert group review of the Mental Health Act 2001. Under the current section 4 of the Mental Health Act 2001 the best interests of the person are identified as the principal consideration in any decision to be made concerning the care or treatment of a person. This section has, over the years, led to an over paternalistic interpretation of the Act. This is no longer seen as appropriate and is not in line with modern human rights standards.

The expert group review of the 2001 Act, which was published in 2015, recommended that the principal consideration of best interests should be removed from the Act and replaced by a list of guiding principles. These are the enjoyment of the highest attainable standard of mental health with the person's own understanding of his or her own mental health being given due respect; autonomy and self-determination; a presumption that the person is best placed to determine what promotes or compromises his or her own dignity; bodily integrity; and least restrictive care. This list is effectively the same as the principles listed by Deputy Browne in his Bill and my Department can agree, subject to possible minor changes on Report Stage, to the proposed provision.

I would ask Members to allow us some further leeway to examine what other possible linked changes might be necessary to ensure that the provision as it stands does not have any unintended consequences. It is my intention, therefore, to revisit this on Report Stage.