Jim Daly (Cork South West, Fine Gael) | Oireachtas source

I thank the Deputy for raising this issue, which has come under the spotlight again recently. I appreciate the opportunity to address some of the concerns that were raised as a result of this issue being highlighted recently.

Under the Mental Health Act 2001, the Mental Health Commission has the power to inspect, regulate and enforce standards in all approved centres. Approved centres are hospitals or other inpatient facilities for the care and treatment of people experiencing a mental illness or mental disorder and which are registered with the Mental Health Commission. Such inspections are carried out annually. The commission also has the power to visit and inspect any other premises where mental health services are being delivered under the direction of a consultant psychiatrist. There is no requirement to carry out such inspections in a particular timeframe and currently, the commission does not by law have the power to enforce its recommendations.

Last week, as the Deputy noted, the Mental Health Commission published inspection reports into 43 of the country’s 24-hour nurse supervised residences for persons with mental illness. The commission highlighted some concerns it has regarding some of these residences. The commission has called on the Government to introduce legislation to provide the commission with the powers to regulate and inspect these residences. The Mental Health Commission fulfils a very important role in ensuring our mental health services are of a high standard. The Government agrees with the commission that all mental health residences should be subject to regulated inspection. The expert group review of the Mental Health Act 2001, which was published in 2015, recommends extending the existing regulation and inspection powers of the commission to such residences at regular periods.

My officials are working on a comprehensive set of amendments to the Mental Health Act 2001 at present and this important recommendation will be included in the heads of a Bill, which I expect to be significantly advanced by the end of the year. I accept the importance of advancing this work as quickly as possible. It is a comprehensive legislative undertaking, which must now also take account of the provisions of the Assisted Decision-Making (Capacity) Act 2015 which was enacted after completion of the expert group report. Once the draft general scheme of the Bill has been prepared, my officials will undertake consultations with the Mental Health Commission on refining the draft text. Once the general scheme is completed, it will be forwarded to Government for approval before publication. In the meantime, it is important to point out that while the commission cannot enforce the findings of the reports issued last week, service providers must take account of the concerns raised.

In conclusion, I can reaffirm to the Deputy that my Department is taking due account of the recommendations laid out in the report of the expert group review of the Mental Health Act 2001 and is progressing these amendments to the Act as quickly as possible. These and other changes, when included in revised mental health legislation, will further improve the protections available to vulnerable people who need care and treatment, ensuring that they can avail of mental health services in the most appropriate environment.

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