Dáil debates

Wednesday, 11 June 2025

Mental Health Bill 2024: Committee Stage

 

8:55 am

Photo of Mary ButlerMary Butler (Waterford, Fianna Fail) | Oireachtas source

I move amendment No. 12:

In page 14, lines 24 and 25, to delete "(both within the meaning of section 2 of the Legal Services Regulation Act 2015)".

I will speak to amendments Nos. 12, 18, 94 and 95. These are technical amendments to delete the reference to the Legal Services (Regulation) Act 2015 in the definition of "legal representative" in amendment No. 12 to a new definition being introduced for "practising barristers" and "practising solicitors" in amendment 18. The amendments provide for a definition of "practising barristers" and "practising solicitors", as defined in the Legal Services Regulation Act 2015, who will act as legal representatives on behalf of involuntarily admitted persons, in amendment No. 18.

The reference to the Legal Services Regulation Act 2015 in section 26 as initiated is to be deleted as it is now referenced in the definition of practising barristers and solicitors in amendment No. 18.

Registered nurses are to be removed from the exclusion list for members of the community review panel in subsection 26(2)(c)(iii), as initiated, for the review of a person’s involuntary admission and to instead exclude previously practising barristers and solicitors from serving on the community member panel in amendment No. 95. Each review board must comprise one person who is a member of the consultant psychiatrist review panel, one person who is a member of the legal practitioners review panel, who will also be the chair of the board, and one person who is a member of a community member panel.

Amendment No. 95 will ensure that review board membership is balanced. Precluding former barristers and solicitors from applying to the community member panel will mean that only one legal representative will be on each review board. Furthermore, it will allow nurses to serve as community members on review boards.

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