Mary Butler (Waterford, Fianna Fail)
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Section 201 of the Bill, as initiated, provides for an amendment to the Non-Fatal Offences Against the Person Act 1997. This is now covered in section 212.

Liam Quaide (Cork East, Social Democrats)
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I move amendment No. 274:

In page 159, line 32, to delete “a mental disorder” and substitute “mental health difficulties”.

Liam Quaide (Cork East, Social Democrats)
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I move amendment No. 275:

In page 160, lines 4 and 5, to delete “a mental disorder” and substitute “mental health difficulties”.

Liam Quaide (Cork East, Social Democrats)
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I move amendment No. 276:

In page 160, line 7, to delete “a mental disorder” and substitute “mental health difficulties”.

Liam Quaide (Cork East, Social Democrats)
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I move amendment No. 277:

In page 160, line 12, to delete “ ‘mental disorder’ ” and substitute “’mental health difficulties’”.

Cathal Crowe (Clare, Fianna Fail)
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Amendments Nos. 278 to 298, inclusive, are related and may be taken together.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 278:

In page 160, after line 13, to insert the following:

“PART 8

AMENDMENT OF ACT OF 2015

Amendment of section 2 of Act of 2015

203. Section 2 of the Act of 2015 is amended, in subsection (1)—

(a) by the deletion of the definition of “Act of 2001”, and

(b) by the insertion of the following definition:

“ ‘Act of 2025’ means the Mental Health Act 2025;”.”.

These amendments are placed in new Parts 8 and 9 of the Bill and relate exclusively to references to the Mental Health Act in other enactments. As the Mental Health Act 2001 will be repealed in due course with the full commencement of this enactment, it was necessary to ensure that all references to the Mental Health Act are updated. It was also necessary to update definitions used in the Mental Health Act, which are changing, such as the definition of "mental disorder", "approved centre", "clinical director", the "Commission", and the "Inspector". These amendments update these definitions in other enactments. The amendments also provide for further amendments to the Assisted Decision-Making (Capacity) Act 2015. Significant work has gone into making sure this enactment interacts appropriately with the 2015 Act. Officials in the Department will continue to work with their counterparts in the Department of Children, Disability and Equality ahead of Report Stage to progress any further necessary amendments.

An important amendment I would like to highlight is amendment No. 212, which provides for an amendment to section 23 of the Non-Fatal Offences Against the Person Act 1997. This amendment was included in the Bill as initiated in section 201 but has been moved. This amendment will allow young people aged 16 and 17 years to consent to or refuse mental health treatment on the same basis as physical health. As this is the final grouping, I would like to flag that I will move a number of amendments on Report Stage. I have mentioned these amendments at various points over the past few weeks. These amendments primarily relate to the interaction between this enactment and the Criminal Law (Insanity) Act 2006, the Assisted Decision-Making (Capacity) Act 2015, the Child Care Act 1991 and the Family Courts Act 2024. A number of amendments are being prepared in relation to Part 4 on children to take better account of the Child Care Act, as well as to improve those sections following continued consultation with stakeholders since the Bill's publication. Consultation has been ongoing with officials in the Department of justice and the Department of children. As I mentioned last week, I have asked officials in the Department to consider drafting an amendment to prohibit the administration of ECT on children and young people. That work is under way. There may also be consequential amendments to the Bill to move references to section 83 elsewhere in the Bill, the section on ECT, as this section was deleted last week. We are making sure all the i's are dotted and t's crossed in that regard. Officials in the Department will continue to liaise with stakeholder on the amended consent to treatment provision in Part 3, Chapter 3, and provisions related to regulation in Part 6. I will move any further amendments required for that Chapter on Report Stage.

Technical amendments to the titles of two Ministers which have changed since publication will be required throughout the Bill. I understand further readings of the Bill will be undertaken by officials in the Department and the Office of Parliamentary Counsel and there many be minor amendments arising from these readings but not in relation to policy.

I will move amendments to set out transitional arrangements to allow for the smooth transition from the existing legislative regime under the Mental Health Act 2001 to the new enactment.

I thank the Deputies who have been present for the past three weeks and those here again today for this landmark legislation to update and modernise our mental health laws. The enactment of this Bill has been a long-standing priority for me and the Government. I thank everyone for their co-operation and interest. I look forward to working with colleagues in the Dáil and Seanad to progress towards enactment.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 279:

In page 160, after line 13, to insert the following:

“Amendment of section 85 of Act of 2015

204. Section 85 of the Act of 2015 is amended by the substitution of the following subsection

for subsection (7):

“(7) (a) Subject to subsections (1) to (5) and paragraphs (b) and (c) of this subsection, an advance healthcare directive shall, insofar as it is provided for by this Part, be complied with.

(b) Where, in relation to an advance healthcare directive, at the time when it is proposed to treat the directive-maker concerned—

(i) his or her treatment is regulated by Chapter 3 of Part 3 of the Act of 2025, or

(ii) he or she is the subject of a conditional discharge under section 13A of the Criminal Law (Insanity) Act 2006,

the advance healthcare directive concerned shall be complied with in respect of the directive-maker concerned subject to subsections (1) to (5), paragraph (c) of this subsection, and the provisions of Chapter 3 of Part 3 of the Act of 2025.

(c) Notwithstanding paragraph (b) of this subsection, where a refusal of treatment set out in an advance healthcare directive by a directive-maker relates to the treatment of a physical illness not related to the amelioration of a mental disorder of the directive-maker, the refusal shall be complied with.”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 280:

“Amendment of section 98 of Act of 2015

205. Section 98 of the Act of 2015 is amended, in subsection (1), by the substitution of “Part 5 of the Act of 2025” for “Part 3 of the Act of 2001”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 281:

In page 160, after line 13, to insert the following:

“Amendment of section 104 of Act of 2015

206. Section 104 of the Act of 2015 is amended—

(a) by the deletion of the definition of “approved centre”,

(b) in the definition of “clinical director”, by the substitution of “Act of 2025” for “Act of 2001”,

(c) in the definition of “consultant psychiatrist”, by the substitution of “Act of 2025” for “Act of 2001”,

(d) by the substitution of the following definition for the definition of “mental disorder”:

“ ‘mental disorder’, in relation to a person, means a mental disorder (within the meaning of the Act of 2025) that fulfils the criteria for the involuntary admission of that person in accordance with that Act;”, and

(e) by the insertion of the following definition:

“ ‘criteria for involuntary admission’ has the meaning assigned to it by section 2 of the Act of 2025.”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 282:

In page 160, after line 13, to insert the following:

“Amendment of section 106 of Act of 2015

207. Section 106 of the Act of 2015 is amended by the substitution of “a person who lacks capacity has a mental disorder that fulfils the criteria for involuntary admission, the procedures provided for under the Act of 2025 shall be followed as respects any recommendation for involuntary admission of that person (within the meaning of section 16 of the Act of 2025).” for “a person who lacks capacity is suffering from a mental disorder, the procedures provided for under the Act of 2001 shall be followed as respects any proposal to detain that person.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 282a:

In page 160, after line 13, to insert the following:

“Amendment of section 136 of Act of 2015

208. The Act of 2015 is amended by the substitution of the following section for section 136:

“Involuntarily admitted persons whose treatment is regulated by Chapter 3 of Part 3 of Act of 2025

136. (1) Nothing in this Act authorises a person—

(a) to give an involuntarily admitted person treatment for a mental disorder, or

(b) to consent to an involuntarily admitted person being given treatment for a mental disorder,

if, at the time when it is proposed to treat the involuntarily admitted person, his or her treatment is regulated by Chapter 3 of Part 3 of the Act of 2025, unless the treatment concerned is authorised in accordance with Chapter 3 of Part 3 of the Act of 2025.

(2) In this section, ‘mental disorder’, ‘involuntarily admitted person’ and ‘treatment’ have the same meaning as they have in the Act of 2025.”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 283:

In page 160, after line 13, to insert the following:

“PART 9

CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

Amendment of Defence Act 1954

208. The Defence Act 1954 is amended—

(a) in section 202—

(i) in subsection (1)(b), by the substitution of “such person has a mental disorder (within the meaning of the Mental Health Act 2025) that fulfils the criteria for involuntary admission (within the meaning of that Act)” for “such person is suffering from a mental disorder (within the meaning of the Mental Health Act 2001)”, and

(ii) by the substitution of “(6) In this section and section 203 ‘consultant psychiatrist’ has the same meaning as in the Mental Health Act 2025” for “(5) In this section and in section 203 ‘consultant psychiatrist’ has the same meaning as in the Mental Health Act 2001”,

and

(b) in section 203(2), by the substitution of “has a mental disorder (within the meaning of the Mental Health Act 2025) that fulfils the criteria for involuntary admission (within the meaning of that Act)” for “is suffering from a mental disorder (within the meaning of the Mental Health Act 2001)”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 284:

In page 160, after line 13, to insert the following:

“Amendment of Coroners Act 1962

209. (1) The Coroners Act 1962 is amended—

(a) in section 2, in the definition of “State custody or detention”—

(i) by the deletion of paragraph (d), and

(ii) by the insertion of the following paragraph after paragraph (d):

“(da) involuntarily admitted under Part 3 or 4 of the Mental Health Act 2025 to a registered acute mental health centre (within the meaning of that Act);”,

and

(b) in section 60(5), by the insertion of the following paragraph after paragraph (d):

“(da) the deceased was, at the time of his or her death or immediately before his or her death, involuntarily admitted under Part 3 or 4 of the Mental Health Act 2025 to a registered acute mental health centre (within the meaning of that Act),”.

(2) The amendments of the Coroners Act 1962 effected by subsection (1) shall not apply in relation to the death of a person that occurred before the commencement of this section.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 285:

In page 160, after line 13, to insert the following:

“Amendment of Act of 1991

210. The Act of 1991 is amended—

(a) in section 23F(2)(b)(ii), by the substitution of “Mental Health Act 2025” for “Mental Health Act 2001”,

(b) in section 23H(1)(c)(ii), by the substitution of “Mental Health Act 2025” for “Mental Health Act 2001”,

(c) in section 23J(1)(d)(ii), by the substitution of “Mental Health Act 2025” for “Mental Health Act 2001”,

(d) in section 23K(d)(ii), by the substitution of “Mental Health Act 2025” for “Mental Health Act 2001”, and

(e) in section 23L(1)(e)(ii), by the substitution of “Mental Health Act 2025” for “Mental Health Act 2001”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 286:

In page 160, after line 13, to insert the following:

“Amendment of Bail Act 1997

211. Section 9A of the Bail Act 1997 is amended, in subsection (7), by the substitution of the following definition for the definition of “mental disorder”:

“ ‘mental disorder’ means a mental disorder (within the meaning of section 2 of the Mental Health Act 2025) that—

(a) in relation to an adult, fulfils the criteria for involuntary admission (within the meaning of that Act), or

(b) in relation to a child, fulfils the criteria for involuntary admission of a child (within the meaning of that Act);”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 287:

In page 160, after line 13, to insert the following:

“Amendment of Non-Fatal Offences against the Person Act 1997

212. Section 23 of the Non-Fatal Offences against the Person Act 1997 is amended—

(a) in subsection (1), by the substitution of “surgical, medical, dental or mental health treatment” for “surgical, medical or dental treatment”, and

(b) in subsection (2), by the substitution of “surgical, medical, dental or mental health treatment” for “surgical, medical or dental treatment”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 288:

In page 160, after line 13, to insert the following:

“Amendment of Taxes Consolidation Act 1997

213. The Taxes Consolidation Act 1997 is amended—

(a) in section 268—

(i) in subsection (1C)—

(I) by the substitution of “a registered acute mental health centre (within the meaning of section 2 of the Mental Health Act 2025)” for “a centre (within the meaning of section 62 of the Mental Health Act 2001)”, and

(II) by the deletion of paragraph (a),

and

(ii) in subsection (2A), in paragraph (f)(xv) of the definition of “qualifying hospital” by the substitution of “within the meaning of the Mental Health Act 2025” for “within the meaning of the Mental Health Act 2001”,

and

(b) in section 1008A(1), in the definition of “relevant medical services”, by the substitution of the following paragraph for paragraph (j):

“(j) the Mental Health Act 2025,”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 289:

In page 160, after line 13, to insert the following:

“Amendment of Education Act 1998

214. The Education Act 1998 is amended, in section 60, by the substitution of the following definition for the definition of “school”:

“ ‘school’ means a recognised school other than a recognised school that is situated in a hospital or registered acute mental health centre (within the meaning of section 2 of the Mental Health Act 2025) which is specified in a list of such schools published by the Minister from time to time;”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 290:

In page 160, after line 13, to insert the following:

“Amendment of Public Health (Tobacco) Act 2002

215. Section 47 of the Public Health (Tobacco) Act 2002 is amended—

(a) in subsection (7), by the substitution of the following paragraph for paragraph (j):

“(j) a registered acute mental health centre (within the meaning of section 2 of the Mental Health Act 2025), or”,

and

(b) in subsection (8), by the deletion of the definition of “psychiatric hospital”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 291:

In page 160, after line 13, to insert the following:

“Amendment of Health Act 2004

216. The Health Act 2004 is amended—

(a) in section 2(1), in the definition of “specialist community-based disability services”, by the substitution of “Mental Health Act 2025” for “Mental Health Acts 1945 to 2001”,

(b) in section 55A, by the substitution of the following definition for the definition of “mental health services”:

“ ‘mental health services’ means mental health services within the meaning of the Mental Health Act 2025;”,

(c) in section 55D—

(i) by the substitution of “Chief Inspector (within the meaning of the Mental Health Act 2025)” for “Inspector of Mental Health Services”, and

(ii) in paragraph (b)—

(I) in subparagraph (i), by the substitution of “Mental Health Act 2025” for “Mental Health Acts 1945 to 2001”, and

(II) in subparagraph (ii), by the substitution of “made under that Act” for “made under those Acts”,

(d) in section 55G, by the substitution of the following paragraph for paragraph (c):

“(c) the Chief Inspector (within the meaning of the Mental Health Act 2025) who is in the course of a visit, inspection or inquiry carried out in accordance with section 128 of that Act,”,

and

(e) in Schedule 2A, by the substitution of “Chief Inspector (within the meaning of the Mental Health Act 2025)” for “Inspector of Mental Health Services”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 292:

In page 160, after line 13, to insert the following:

“Amendment of Social Welfare Consolidation Act 2005

217. The Social Welfare Consolidation Act 2005 is amended—

(a) in section 86—

(i) in subsection (1), by the insertion of the following paragraph after paragraph (b):

“(ba) the Mental Health Act 2025, or”,

and

(ii) in subsection (2), by the insertion of “or the Mental Health Act 2025” after “the Mental Health Acts 1945 to 2001”,

and

(b) in section 249(1A), by the substitution of the following paragraph for paragraph (a):

“(a) an involuntary admission order or renewal order made under the Mental Health Act 2025,”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 293:

In page 160, after line 13, to insert the following:

“Amendment of Health Act 2007

218. The Health Act 2007 is amended— (a) in section 2(1), by the substitution of the following definition for the definition of “Mental Health Commission”:

“ ‘Mental Health Commission’ means the Mental Health Commission established by the Mental Health Act 2001 and continued in being under section 92 of the Mental Health Act 2025;”,

and

(b) in section 8(1)(b)(i)(I), by the substitution of “Mental Health Act 2025” for “Mental Health Acts 1945 to 2009”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 294:

In page 160, after line 13, to insert the following:

“Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

219. The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 is amended—

(a) in section 29(4)(a), by the substitution of “Mental Health Act 2025” for “Mental Health Act 2001”, and

(b) in section 107(c)(iv), by the substitution of “the Mental Health Act 2025” for “section 2(1) of the Mental Health Act 2001”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 295:

In page 160, after line 13, to insert the following:

“Amendment of National Vetting Bureau (Children and Vulnerable Persons) Act 2012

220. The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 is amended, in Schedule 1, Part 2, paragraph 1, by the substitution of the following subparagraph for subparagraph (d):

“(d) a registered acute mental health centre within the meaning of the Mental Health Act 2025.”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 296:

In page 160, after line 13, to insert the following:

“Amendment of Animal Health and Welfare Act 2013

221. The Animal Health and Welfare Act 2013 is amended, in section 61(1)(e), by the substitution of “Mental Health Act 2025” for “Mental Health Act 2001”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 297:

In page 160, after line 13, to insert the following:

“Amendment of Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

222. Section 2(1) of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 is amended, in the definition of “clinical director”, by the substitution of “Mental Health Act 2025” for “Mental Health Act 2001”.”.

Mary Butler (Waterford, Fianna Fail)
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I move amendment No. 298:

298.In page 160, after line 13, to insert the following:

“Amendment of Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

223. The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 is amended—

(a) in section 2(1), by the substitution of the following definition for the definition of “Commission”:

“ ‘Commission’ has the meaning assigned to it by the Mental Health Act 2025;”,

and

(b) in section 29—

(i) in subsection (1), by the substitution of “a registered mental health service (within the meaning of the Mental Health Act 2025)” for “an approved centre”, and

(ii) by the deletion of subsection (6).”.

Cathal Crowe (Clare, Fianna Fail)
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When is it proposed to take Report Stage?

Mary Butler (Waterford, Fianna Fail)
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In two weeks' time.