Oireachtas Joint and Select Committees

Wednesday, 22 September 2021

Joint Oireachtas Committee on Health

Mental Health Services: Discussion

Photo of Mark WardMark Ward (Dublin Mid West, Sinn Fein)
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I thank the witnesses for their insight. I know that we have limited time. I could spend the whole meeting talking about the issues around mental health, but I will limit what I say.

In response to Ms Coyle's question on the heads of Bill which will be coming to the committee for pre-legislative scrutiny, it is my understanding, and I stand to be corrected, they will be coming to this committee as the Joint Oireachtas Committee on Health.

There is an issue that I wish to touch on that I was prevented from speaking on in the past. It concerns Part 5 of the Emergency Measures in the Public Interest (Covid-19) Act 2020, amending the Mental Health Act 2001, that was mentioned by Ms Coyle. I agree 100% with the witnesses that it needs to be reviewed and repealed. As the witnesses will be aware, I tabled amendments earlier this year and I did not even get the chance to debate them because of the Government's undemocratic use of the guillotine procedure. I was effectively gagged, but I am using my opportunity to speak on it today.

As the witnesses will be aware, Part 5 of the Act provides for amendments to the Mental Health Act which allows mental health tribunals to be reduced to one-member, paper-based tribunals with minimal personal interaction between the relevant persons. This legislation was introduced originally to reduce the amount of personal interaction between the relevant persons to prevent the spread of Covid-19. It was first introduced in the context of an emergency. However, we have moved on since then. It is my understanding that there have been almost 800 mental health tribunals since the emergency powers were introduced and these powers have not been used once. I stand to be corrected on that. Perhaps the witnesses have more information on that, but it is my understanding that the powers have not been used once. In my opinion, there is no need for these emergency powers if all the evidence suggests that they are not being used. We need to protect people's human rights. It is as simple as that. I ask Ms Coyle to outline briefly for the committee the concerns she has if Part 5 of the Act is not repealed.