Mary Butler (Waterford, Fianna Fail)

I do not intend to rehearse the extensive debate on similar amendments which Deputy Clarke raised on Committee Stage. I acknowledge the amendment tabled by Deputy Quaide.

I already moved the Government amendment on Committee Stage to amend the definition of "mental disorder" by inserting references to "serious" and "significant" in the definition to address concerns the definition was too broad. It is important to ensure there is a legal distinction between the type of condition that is more severe and enduring and may lead to involuntary admission, and other mental health difficulties which may require treatment but will not lead to involuntary admission.

More than 90% of mental health service provision is in the community and the term "mental health difficulty" is often used in the context of people accessing those services. It is important there is a legal distinction between a mental health difficulty and a more severe and enduring mental disorder. While any term used to describe mental health conditions may be contested, I do not believe the alternatives to "mental disorder" proposed here on Committee Stage are the better options. I am not opposed to using a term other than "mental disorder", however, if a suitable alternative is proposed. I do not believe "psychosocial disability" or "mental health difficulty" are better options. At the same time, when we get to the Seanad with this Bill, if a wording other than "mental health disorder" is proposed, I will certainly consider it but I do not believe either of the two suggested on Committee Stage and now on Report Stage are right either.

I know it is complicated. I would not call the wording archaic but, because 90% of mental health service provision in Ireland is in communities and those people would have mental health illness and mental health difficulties, the term "mental health disorder" is more appropriate for those who are involuntarily detained or even voluntarily detained.

See this speech in context