Seanad debates

Wednesday, 16 May 2018

Mental Health (Amendment) Bill 2017: Report and Final Stages

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

Given the delays we have had so often in people accessing appropriate mental health supports and in the roll-out of resources and key areas, there is an opportunity to address this issue now, in this excellent Bill that has been put forward. We have a court judgment. There is no ambiguity in the court judgment and it does not suggest that we need longer periods. It offers no endorsement for the current 12-month period.As I understand it, the Minister is asking, based on the court judgment, whether even a period of six months is too long. Given that the direction of the court judgment is clear and that it is clear from it that 12 months is not appropriate, we do not have to wait until the last moment to change this. We do not have to wait until November. Realistically, given how long it takes for legislation to come through, I do not believe there will be more amending legislation going through in time for a November deadline, as set by the courts. Therefore, I urge the Minister of State to take the opportunity presented now to take a positive step in the right direction by accepting what I believe is a constructive, legally sound suggestion from Sinn Féin and agreeing to the amendment. If we need to review the six-month period, it can be done afterwards, in the longer term. Let us not arrive at circumstances in November in which we have failed, when given a clear opportunity, to take into account the direction given in terms of constitutional opinion. I have noted when much weaker constitutional concerns have allowed or stymied action. This is a clear ruling constitutionally. I do not see any justification for the Minister of State not taking a step. There is certainly no opinion anywhere from anybody that the period of 12 months will need to be defended. I cannot see the logic in not accepting the amendment at this point.

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