Alan Kelly (Tipperary, Labour) | Oireachtas source

I put it to the Minister of State, Deputy Jim Daly, that there is an urgency about section 15(3) of the Mental Health Act 2001. It is unconstitutional. It is a big judgment and I believe it was a proper judgment. When one reads the judgment, it is surprising that it did not happen before. It is the correct judgment and the stay has given us time to deal with this issue. The Labour Party will support this small but very important legislation, which is before us tonight.

The proposed amendments, with regard to allowing a review after three months, are the correct procedure and the correct way to go about it. There were a couple of variations of options, and I believe the one picked by the Minister of State is the correct one. Obviously there is the right to appeal to the Circuit Court, which is a natural right.

This matter, based on the expert review, shows up the broader requirement for a new Bill in the whole area of mental health. It has been spoken about here and I shall not repeat it. I have raised it before. It might be a stretch to get the heads of a Bill but in the coming months, if we could get some outline on the type of Bill, it would be progress before we all go off into election mode, whenever that is.

It also opens up certain issues, such as the various advocacy organisations that are doing a job and trying to help, the area of the provision of information and the rights of individuals to make sure they are being provided with the correct information to uphold their constitutional and civic rights so their liberty is protected, and the flow of information. This legislation and the judgment that was made remind us how important it is to protect the provision of information and people's rights. It also gives us an opportunity to reflect on how best the information flow and provision can be maintained for individuals so they can have autonomy and they can make decisions around their own situation. We can support the advocacy groups who are helping in so many ways. Perhaps we can focus on that area a little bit into the future. We need to pass this Bill and get it through before the deadline that has been set by the court. This shines a light on the need for us all to make sure that in the meantime we also focus on those areas.

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