Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

The expert group set up to review the Mental Health Act 2001 first met in September 2012 and was originally due to report in 2013. When it began its work, I made it clear to its members that they should take an open and expansive approach and consider all issues which they might consider were relevant and necessary for a thorough review, having regard to the terms of reference for the review. The interim review of the Act, published in June 2012, was, therefore, a starting point for a much more detailed analysis of the issues involved. In line with this approach, the group requested additional time to consider the implications for mental health legislation of the Assisted Decision Making (Capacity) Bill which was published in July 2013. An extension of its timeframe was, accordingly, agreed to.

The Deputy will also be aware that the review takes account of the fact that the Mental Health Act 2001, despite what he has said, predated publication of the Convention on the Rights of Persons with Disabilities in 2007. The convention provides for a rights-based approach to disability and certain of its articles have implications for our mental health legislation. In this context, the need to achieve a balance between individual human rights and the requirements for public safety have given rise to detailed discussion and analysis by the expert group.

The Mental Health Act 2001 was introduced on a phased basis and fully enacted by 2006. It would not be usual to have a formal comprehensive review of legislation that has only been fully operational for less than a decade. The 2001 Act was fully consistent with prevailing approaches to rights at the time and continues to underpin a modern approach to regulation of mental health services in Ireland. I am satisfied that the extended timeframe which was necessary for the current review is not impacting on human rights issues within the mental health system. I expect to receive the expert group's final report by the third quarter of 2014.

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