Michael Harty (Clare, Independent) | Oireachtas source

I thank Deputy Browne for tabling the Bill and stimulating the legislative changes required to amend the 2001 Act. It is important we stimulate these changes. The Bill proposes important changes to the Mental Health Act 2001. It highlights the need to bring forward substantial additional amendments to the Act. The review group on the 2001 Act outlined 165 recommendations, but only one of these has been delivered on so far. I know the Minister has committed to introducing legislation to bring forward many of these amendments. These recommendations are needed to ensure Ireland is compliant with European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities. The Bill intends to strengthen the rights of patients in hospital for mental health care, to provide safeguards to their rights to make decisions concerning the type of care offered to them and to ensure there is a presumption of capacity to make decisions regarding their treatment. Only exceptional circumstances should interfere with this capacity. There are quite often exceptional circumstances which do interfere with their capacity to make decisions, and this must be interwoven into the Bill.

It is important that patients are given the support they need to make decisions in an informed way and that all forms of treatment are explained to them in clear and unambiguous terms. It is essential that voluntary patients should have the same protection and oversight as involuntary patients to have their treatment and reasons for admission examined and reviewed. The Bill endeavours to ensure their best interests are additionally guaranteed through the guiding principles of the Assisted Decision-Making (Capacity) Act and by empowering patients to be decision-makers over their own care. It also endeavours to ensure the right to have the highest possible medical care provided and the right to the least restrictive care possible. Patients with mental illness, including dementia, need to be protected and have their rights guaranteed, and advanced directives should be encouraged to have their wishes clearly understood when capacity is lost.

The Bill is intended to copper-fasten the rights of patients who have voluntarily entered care to improve their mental well-being. Informed support and consent must be ensured to underpin patient autonomy and integrity.

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