Margaret Murphy O'Mahony (Cork South West, Fianna Fail) | Oireachtas source

Fianna Fáil will support this Bill but with several caveats. Any deprivation of liberty should be the last resort. As it stands, while detention is permitted under section 15 of the Mental Health Act, it is incompatible with the European Convention on Human Rights. In what other section of society could a person be treated in such circumstances?

That said, there is no point in providing a lawful basis for renewal orders under the Mental Health Act if mental health advocacy services are not expanded to ensure the needs of mental health patients are met. The mental health reform study, published in July 2017, found two thirds of patients did not know how to make a complaint and many were not confident enough to advocate for themselves. These findings are worrying. Access to information for patients, especially those detained involuntarily, is of paramount importance. These people have enough going on besides being unable to access information.

The lack of such services essentially renders patients' rights worthless. I note the provision of additional services will result in a cost to the Exchequer. Recent figures, however, stated the HSE spend on agency staff in mental health has increased by €38 million in four years. This is not sustainable. If this stopgap approach were addressed, it would ultimately free up moneys to ensure the advocacy service that these patients so desperately need would be available. In addition, continuity of service is what these patients need, not the inconsistency of roll-over staff. A little joined-up thinking and a little bit of common sense is what is needed.

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