Dáil debates

Tuesday, 2 May 2017

Mental Health (Amendment) (No. 2) Bill 2017: Second Stage [Private Members]

 

9:50 pm

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

Tá an Comhaontas Glas fíor-shásta tacaíocht a thabhairt don Bhille seo. This Bill put before us today is a welcome step towards creating a modern and patient-focused mental health care system. By changing the definition of consent in the Mental Health Act, we would be changing the provision of services radically. It would be an important step in destigmatising the process of seeking medical services for mental health issues. By giving control to the patient and allowing him or her to have a voice in his or her treatment, we take away some of the fears that face those who are in need of crucial services.

This Bill is not, however, an ending point in the discussion of consent reform or many other reforms that are so badly needed in mental health services. Instead, this Bill should be treated as a springboard for further necessary amendments to the Mental Health Act 2001. For instance, the 2015 report from the expert group set up to review the Mental Health Act 2001 recommended that section 56 be amended to include an understanding of consent wherein consent could be accompanied by the support of a family member, friend or appointed carer, advocate or support decision-maker. This recommended measure, which is not included in the Bill before this House, would be a strong step towards building a truly patient-focused service and creating an atmosphere of holistic support for the patient.

This is just one recommendation out of 165 recommendations put forward by the expert group. However, so far, only one recommendation has actually been implemented by the Government. To make matters worse, no further implementation seems to be on the horizon, as the Government has not placed any of the recommendations on its legislative programme and has failed to meet its own timetable for updating, modernising and reforming the Mental Health Act. This is yet another example of the Government's heel-dragging approach to mental health reform. Why convene an expert group, ask it to review the Mental Health Act in detail and have it publish a thorough list of recommendations if the outcome is a document that is left to gather dust?

Over the past year, I, like so many Members here, have spoken on the topic of mental health in this House. Regrettably, the recurring theme is that of inexcusable delay in implementing recommendations, in funding and in bringing about meaningful reforms. As the Government hesitates in reform of mental health services, ever more vulnerable people are left with services that are simply not up to standard. The Government must instill urgency into its actions. At this stage, many of the various stakeholders concerned are understandably and justifiably sceptical, if not a little bit cynical about words and about cherry-picking reform. Words alone, piecemeal reform and tinkering around the legislative edges are symptomatic of the Government's whole approach to mental health.

While I welcome Deputy Browne's Bill, what is urgently required is a seismic governmental change and new direction in policy approach. There remains no evidence of the Government delivering a proportionate and appropriate response to the scale of this complex problem and ongoing huge challenge. The inaction by this and consecutive Governments is one of the shameful scandals of modern Ireland.

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