Dr. Charles O'Mahony:

I agree with everything Dr. Morrissey has said. There are positive elements in the Bill as published but there are also many deficits. The UNCRPD requires us to abolish mental health laws because they are discriminatory. It is clear we are not going to do that. We are going to retain those laws and try to enhance the procedural safeguards. That does not sufficiently address our human rights obligations and that is why, in the recommendations we made in that report, there are many practical suggestions on how the Bill can be refined to allow for better procedural safeguards. For example, as Dr. Morrissey said, tribunals are not a meaningful or effective mechanism to review detention. There is a lack of independent advocacy and other mechanisms. All those components are core in the absence of abolishing mental health laws to make sure people's rights are vindicated and that effective procedural safeguards are in place.