Ms Ber Grogan:

I would like to say good morning to Mr. McGrath. We missed him in the committee room this morning.

I thank the Chair for inviting Mental Health Reform to the committee today. I am the policy and research manager and I am joined by my colleague, Suzanna Weedle, our policy and advocacy co-ordinator.

At the outset I would like to highlight that online and phone supports are available to anyone who is listening or watching this morning. Sometimes these conversations can be upsetting for people so please reach out for support if needed. A list of supports is available at hse.ie/mentalhealthand information on our member organisations is available on our website mentalhealthreform.ie.

Mental Health Reform, MHR, is Ireland’s leading national coalition on mental health.

With 81 member organisations, we work together for progressive reform of mental health services and supports in Ireland. We do this through research, innovation, policy, advocacy and listening to the experiences of our member organisations who work directly with people with lived experience of psychosocial disabilities, their families, friends, carers and supporters. Mental Health Reform is also a funded member of the Disability Participation and Consultation Network, DPCN. We are delighted to discuss considering a rights-based approach to disability in mental health with the committee. I will use the term "psychosocial disabilities" throughout my opening statement but note that the phrase used in the national mental health policy, Sharing the Vision: A Mental Health Policy for Everyone, is "mental health difficulties". I will highlight three key issues in my opening statement.

I will discuss the rights of people with mental health difficulties first. People who have long-term mental health difficulties have rights under the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD. The term used by the UN to describe people living with enduring mental health difficulties is “psychosocial disabilities”. This is not a medical diagnosis. It is about the interaction between people with mental health difficulties and their social environment. Psychosocial disability refers to the functional impact or barriers that those living with enduring mental health difficulties experience every day. For example, under the convention people living with psychosocial disabilities should not be discriminated against based on their mental health experiences. This is true also of Ireland’s equality legislation. People may choose not to identify as disabled or with a diagnosis but the fact remains that they have rights.

People with psychosocial disabilities face high levels of stigma and discrimination, have higher costs of living and are at risk of living in consistent poverty. In fact, the Cost of Disability in Ireland report shows that the average cost of having a mental health difficulty amounts to €13,251 per year, which is a significant financial burden to bear.

People with psychosocial disabilities are not a homogenous group and we must always keep individuality and intersectionality in mind. It is important to note that a person with psychosocial disabilities may also be a Traveller, a person with intellectual disability or an LGBTQI+ person. These groups of people already experience marginalisation and stigma and, therefore, the stigma of having a mental health difficulty can be compounded in these instances. That is the reason these groups are listed as priority groups in Sharing the Vision: A Mental Health Policy for Everyone. Priority groups also include people experiencing homelessness, people in prison, ethnic minorities and others. This priority focus must extend beyond policy into tangible action.

As the committee will be well aware, the UNCRPD sets out a series of obligations on states to ensure that persons with psychosocial disabilities have full protection of human rights. Article 4.3 states that disabled people and disabled persons' organisations, DPOs, should be consulted in legal and policy developments relating to their rights. Psychosocial disabilities can be invisible disabilities and, therefore, it is important to inform people they have rights under the UNCRPD, equality legislation and other human rights instruments. It is very welcome that the committee is examining this matter today and raising awareness of this. All of the articles of the UNCRPD extend rights to people with enduring mental health difficulties.

As the committee will be aware, Ireland is one of only three EU member states that has not ratified the optional protocol to the UNCRPD. This is the mechanism that allows disabled people to take complaints to the UN. We respectfully request the committee urgently progress this matter. The State must ratify the optional protocol without delay. The State must also remove its reservations on Articles 12 and 14. This leads me to my final point, the relevant legislative changes in mental health.

The Assisted Decision-Making (Capacity) Act 2015 is finally set to be commenced and implemented from 21 November 2022. This historic and long-awaited legislation is interlinked with the reform of the Mental Health Act 2001. Article 12 of the UNCRPD states that state parties shall recognise that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. Article 14.1(b) states that people should not be deprived of their liberty unlawfully or arbitrarily and that the existence of a disability shall in no case justify a deprivation of liberty. Regrettably, Ireland has reservations on both of these articles which means it will not fully realise these rights for people with psychosocial disabilities. People with psychosocial disabilities are the only group of people who are excluded from their rights in this way. We urge the committee to address this discrimination with the Government.

We acknowledge the significant work done by the Minister, Deputy O’Gorman, the Ministers of State, Deputies Butler and Rabbitte, their officials and others on bringing forward the Assisted Decision Making (Capacity) (Amendment) Bill 2022 on involuntary detention but more must be done for full equality to be enshrined in this legislation. The Bill to reform the Mental Health Act must be brought to the Houses by January 2023 at the latest.

In conclusion, Ms Weedle and I look forward to discussing these matters with the committee. The committee is in a unique position to hold the Government to account on its obligations under the UNCRPD. We ask members to ensure that people with psychosocial disabilities are not forgotten in this important task.