Sorca Clarke (Longford-Westmeath, Sinn Fein)

I will speak briefly to amendment No. 76. This is a real missed opportunity for the Government. This amendment deals with the holistic assessment of an individual. I recognise that the Minister of State said she thinks there is something in this proposal and will consider putting it into secondary legislation. If she thinks there is something in this, it should be inserted in the primary legislation. It has been so long since the Mental Health Act has been updated to any great degree that to have this sit in secondary legislation as opposed to primary legislation would be a missed opportunity. This amendment would reinforce the rights-based, person-centred approach by requiring social and environmental contexts to be considered. Instead of just considering a person's immediate medical symptoms and needs, we must also consider whether he or she can safely live in the community and what supports need to be put in place for that to happen.

It protects individuals from unnecessary and inappropriate detention, especially where appropriately resourced community supports could meet their needs. At present, we all know that community mental health services are struggling to meet the demand and, in some cases, are almost overwhelmed by it. Such services avoid the over-reliance on institutional care.

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