Oireachtas Joint and Select Committees

Tuesday, 30 November 2021

Joint Committee On Health

General Scheme of the Mental Health (Amendment) Bill 2021: Discussion (Resumed)

Ms Ber Grogan:

I really like Ms Coyle's use of the word "choreography" because I was thinking of a jigsaw of fitting all the pieces together and having joined-up thinking between the assisted decision-making (capacity) (amendment) Bill, which is now under the Minister of State, Deputy Anne Rabbitte, and has moved from the Department of Justice. The Assisted Decision-Making (Capacity) Act 2015 was originally under justice. Sometimes these can be reasons people outside the Oireachtas switch off from the pre-legislative process because it is very technical and all about the timing. It is great that the Acting Chairman is on both committees. It was also in our human rights analysis, our expert piece, from National University of Ireland, Galway. It flagged the lacuna, and we acknowledge that the Department officials who have worked on the reform of the mental health Act have tried to work around it and have said that the Mental Health Commission will come up with guidelines. However, as we all know, we need the protections on a statutory footing. There are some jigsaw pieces and nice choreography between the relevant Departments will be really important.