Catherine Connolly (Galway West, Independent) | Oireachtas source

I welcome this Bill. It is a positive Bill and I welcome the progress. Its purpose of course is to replace the Mental Health Acts, 2001 to 2022, which Acts themselves replaced the Mental Health Act 1945. I might come back to that date later, in terms of admissions for that year, and the still high admissions. Of course, this whole Bill reflects a shift on international level, forcing us every step of the way towards a human rights approach and the urgent need for legislation to reflect that. I congratulate the Minister of State. That is what this legislation is doing. It is reflecting that and the need to challenge the traditional biomedical models, the course of practices and the involuntary detentions. That has come up on just about every document I have read. I will come back again to the subcommittee in that regard because it was particularly strong on it.

We are moving from the best interest of the person, which sounds good but really is paternalistic, and replacing it with guiding principles, which I welcome. We are also doing that for children aged 16 and 17. The best interests of the child will remain, I understand, for children. We are moving to a more person-centred human rights based approach and taking account of domestic legislation changes that we have had here, namely the 2015 Act, which has not been fully implemented. The Minister of State might be able to update us on that. I apologise in advance if I am not here for her closing reply but I will read it. We have the Acts of 2015 and 2018 as well of course Ireland's obligations internationally under the UNCRPD.

It has been said many times but it is important to reiterate that given the background that has led us to this point, the Bill updates the involuntary admission and detention process for people with severe mental health difficulties, including a revised set of criteria for detention, which is very welcome; a change in the approach to consent for treatment for those who have been involuntarily detained; and an expansion, which is very welcome, of the regulatory function of the Mental Health Commission to include community mental health services, including CAMHS, where there was a gaping gap. It seeks closer alignment with the Assisted Decision-Making (Capacity) Acts of 2015 and 2022, which is extremely important; stronger safeguards for those accessing inpatient treatment and changes to the care and treatment of young people between 16 and 17, which is very welcome, allowing them, although not completely, to consent or refuse mental health treatment.

The background to all of this is something in which I have a particular interest, because in a different life in the eighties, I worked in this system. We welcomed Planning for the Future. Does the Minister of State remember that document?

See this speech in context