James Browne (Wexford, Fianna Fail) | Oireachtas source

Fianna Fáil will support this Bill, which is, in effect, emergency legislation. It enhances patient's rights by strengthening the human rights aspects of the lawful basis for detaining in psychiatric units those patients with mental health illnesses. In May of this year, the Court of Appeal found that certain laws governing the detention of people in psychiatric units were unconstitutional. The court found that section 15(3) of the Mental Health Act 2001, which provides for the making of orders extending periods of detention by up to 12 months, breached the constitutional rights of those detained under the section. More specifically, the court found that an order of detention of up to 12 months, without an effective mechanism to review that detention before the order of detention expired, breached patients' constitutional rights of personal liberty.

The court's decision affects almost 100 patients, including 15 detained in the Central Mental Hospital. In its judgment, the Court of Appeal acknowledged the potential chaotic and catastrophic consequences of its decision on those vulnerable patients deemed to be unconstitutionally detained by the State. In effect, the court's decision meant that the legal basis for detaining these patients no longer existed and they would have to be released. This posed a potential health risk to those patients themselves and, in some cases, to others. The court, acknowledging these risks, suspended the declaration of unconstitutionality for six months until 8 November in order for the Oireachtas to enact laws to remedy the situation. In his judgment, however, Mr. Justice Gerard Hogan stated that an immediate and imperative response on the part of the Oireachtas and the Government was required. Accordingly, we have this amending legislation.

Due to the urgency of the matter, this amending legislation must pass to allow enough time for the preparation and issue before 8 November of replacement renewal orders and associated mental health tribunals for those patients affected. For this reason, Fianna Fáil has agreed for this legislation to bypass pre legislative scrutiny. That does not mean, however, this Bill should pass into law without comment or observations.

In 2015, the report of the expert group review of the Mental Health Act 2001 was published. It recommended 165 changes to our mental health legislation to make it fit for purpose and bring it in line with international human rights laws and policies. Since the publication of the report, we have had three Ministers with responsibility for mental health and two taoisigh. Of that report's 165 recommendations, only one has been implemented. Despite numerous promises, there has not even been a heads of a Bill published to address the other 164 recommendations.

This fact alone should give lie to the assertion by the Government that mental health is a priority for it. That report pointed out that the 12 month duration of certain renewal orders was too long and should be reduced, the very issue we are dealing with here today. Had the Government prioritised mental health and acted to implement that report, we would not be rushing legislation through the House without appropriate scrutiny.

In light of the proposed legislation, there is a clear need for greater access to information on how to make a complaint and for a proactive advocacy support for those using our mental health services. This is especially the case for involuntary inpatient users of mental health services. These patients are deprived of their most basic human right, that of their liberty. Appropriate safeguards need to be in place to ensure that any such deprivation of liberty is no more than absolutely necessary, is done in accordance with the law and respects patients' human rights. To achieve this, the Minister of State must ensure that the range and capacity of mental health advocacy services is expanded to meet the needs of people with long-term mental health difficulties. Otherwise, patients' rights are meaningless.

Will the Minister of State provide a date on which he will publish the heads of a Bill for the comprehensive reform of mental health legislation which will include the expert review group's recommendations? Will the Minister provide greater funding and access for proactive advocacy supports for those using our mental health services in order that they can exercise their rights under this legislation and other Bills? Will the Minister of State commence Fianna Fáil's Mental Health (Amendment) Act 2018 which addresses some of the Government's failures to reform mental health legislation? Will the Minister of State ensure a money message is sent as soon as possible to release Fianna Fáil's Mental Health Parity Bill which passed Second Stage and is now stuck in limbo due to the Government's refusal to provide this technical step?

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