Dáil debates

Tuesday, 8 December 2015

Mental Health (Amendment) Bill 2008 [Seanad]: Committee and Remaining Stages

 

8:15 pm

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

I thank everyone who has contributed. As well as mentioning John McCarthy tonight, it is important to mention the people who introduced this Bill in the Seanad in 2008. It seems such a long time ago, but I imagine that is because of the circumstances we have come through. The formers Senators Déirdre de Búrca and Dan Boyle, along with Senator Norris, were the original proposers of this legislation. We have amended it, but only to achieve the purpose they sought to achieve. That is an important point.

The numbers affected by this are not substantial in terms of the population. However, in terms of the effect, what it says about us and how far we have moved in the mental health area, it says a great deal, and that will continue to be the case in future.

Electroconvulsive therapy is controversial. I say to people that only way I can ever judge the matter is by asking how I would feel if someone belonging to me was despondent, catatonic and not eating or drinking. If someone said to me that a treatment was available and there was a possibility of it working, I imagine, like most of us, I would jump at it with both hands. That is really where this needs to be. It is a question of when it is at the last stage and it is the only possible remedy. That is why people are undecided about it. The word "unwilling" is unacceptable. If someone has capacity and says "No," then it is unacceptable.

Wider issues were raised. I very much understand what Deputy Healy has said and I have taken note of it. I have noted what other Deputies have said as well. We will have plenty of time to vent and air these issues with the general scheme and the review of the Mental Health Act. I thank those involved for the work they have done. I have taken note of the concerns people have raised and I will make further inquiries. I am not deaf to these things - I hear them. Equally, when we are changing a service we need to allow time for the changes to bed in. Perhaps we have given it enough time and now it is time to look again. I am not making any promises. That is not something I do, as Deputy Healy knows well. However, I understand what he is saying.

I will bring the Bill before the Seanad on Thursday week, 17 December. Assuming the proposed amendments are passed, I plan to sign a commencement order in January 2016 with a likely effective date of 1 February 2016. We need to give the Mental Health Commission time to take a serious look at what this will mean, even for the small group of people affected.

I have received Government approval to develop the general scheme of a Bill and a review of the Mental Health Act. This is already being worked on. There will be substantial amendments, possibly up to 165 in total. Within these recommendations, we anticipate other issues arising.

I thank the Members of the Opposition for their co-operation. It is a sign of what we all know to be right and proper when the entire Opposition decides this is the right thing to do and no barriers are put in our way. It is a significant step. I believe that in years to come we will look back and, as with other areas, wonder what in God's name we were thinking. I thank Deputies for their co-operation. This is a measure well worth introducing.

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