Oireachtas Joint and Select Committees

Wednesday, 11 June 2025

Joint Oireachtas Committee on Health

Mental Health Bill 2024: Discussion

2:00 am

Mr. Stephen Sheil:

Yes. I will go through it quickly because I want to leave some time for Ms Keane. Again, this is in the briefing document we have provided to the committee. We suggested that such a mechanism be separate from the health service provider; accessible to all individuals, including those with disabilities or impaired capacity; have specific, binding deadlines for initiating court applications to authorise continued detention; be grounded in the principle of the least restrictive alternative; mandate the use of a standardised form; require independent oversight by the Mental Health Commission of all cases where treatment is provided without consent and without a completed capacity assessment; and guarantee automatic access to independent advocacy for all individuals to these provisions, ensuring their will and preferences are respected and their rights are upheld. As the Deputy mentioned, however, this has been deemed to be out of order. It will be something we will continue to advocate for in future. I am sure Ms Keane can speak to this issue a bit more.

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