Professor Brendan Kelly:

In response to the Senator's first question on the workability of the Bill, the answer is "No". The Bill as presented was not workable and would present problems with the provision of treatment. It simply is not fit for purpose. In fairness to the Minister, a series of amendments that would make significant improvements were made available yesterday afternoon. They introduce the need for treatment as a reason for treatment, something which was not articulated clearly in the original Bill. There are signs of improvement in the amendments proposed by the Minister, and this will hopefully become an empowering piece of legislation. However, it has some distance to travel before that happens.

We have a history of passing inoperable mental health legislation. The 1981 Act was passed by the Dáil and Seanad and signed by the President, but it was not operable and never commenced. It set back reform by several decades. This needs to be thought about carefully, but the direction of many amendments is positive.