Oireachtas Joint and Select Committees

Tuesday, 2 November 2021

Joint Committee On Health

General Scheme of the Mental Health (Amendment) Bill 2021: Department of Health

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

I have a few questions. I hope that is okay. Before I ask any questions, I warmly welcome the publication of the heads of this Bill to amend the Mental Health Act 2001. The work the Department has done has been phenomenal and I thank the witnesses for that. The changes in language, for example, using "person" instead of "patient", are really well thought through. Ireland has an opportunity to deliver person-centred, human rights-compliant, progressive, non-coercive legislation that is compliant with the UN Convention on the Rights of Persons with Disabilities, the UNCRPD. Do the witnesses know what I mean? We can lead on this. Ireland can be a world leader on mental health legislation. I am honoured that this matter has come before the Joint Sub-Committee on Mental Health and that we can be part of this whole process. I look forward to working with the witnesses.

I have some questions on the Bill. I hope that is okay. My first question aims to follow up on Deputy Hourigan's earlier point regarding other key legislation. Mr. Kelly mentioned that amendments to the Assisted Decision-Making (Capacity) Act 2015 were needed. He also mentioned ongoing conversations between the two Departments. Does one of those amendments relate to decision-making provisions for under-18s? Is it correct to say there is currently a lacuna with regard to 16-year-olds and 17-year-olds? Will Mr. Kelly give me a bit more detail on that?

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