Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I imagine that, when the Mental Health (Amendment) Bill 2021 is brought forward, it will have to include a provision to ensure it fits in seamlessly with the legislation we are passing today and the 2015 legislation. It is better that it be done that way because the work the Deputy, the committee and the Department are doing on that mental health reform Bill will provide an opportunity to tease out the difficult constitutional balance that has to be achieved in terms of the right of people who are involuntarily detained to refuse certain treatments even where that refusal will result in a risk to the safety of somebody else. That is the key issue. We do not have an answer to that question and that issue of balance as of yet. We spoke previously about the need and desire to get this Bill passed and to abolish the wards of court system. As I understand the situation, I cannot see us being in a position to fully clarify that issue within a timeline that would allow for all of the other very important provisions of this legislation to be delivered. However, I will be very clear that there is no disagreement on that need for parity and this is an issue that needs to be addressed. It is just a matter of listening to the experts and of the need to give that very difficult legal balance the requisite time and consideration. I do not believe we have that time in the context of the amendments we are bringing forward at the moment.

I have one final point. The Deputy said that he did not know when the Bill is to come forward. One of the reasons I have made a commitment to engage with the Minister for Health on a public and written basis is to allow me to understand the timelines we are looking at with regard to delivering the mental health reform Bill, which we all agree is very important.