Seanad debates

Wednesday, 27 June 2018

Mental Health (Amendment) Bill 2016: Report and Final Stages

 

10:30 am

Photo of Joan FreemanJoan Freeman (Independent) | Oireachtas source

The Minister is very welcome. It was to my great disappointment that I was not here last night for the passage of the motion on Deputy James Browne’s Mental Health (Amendment) Bill 2017. However, I am especially grateful to the Government that it has committed to not opposing this legislation. I will not go off script but I just want to congratulate Deputy Browne on the 2017 amendment to the Mental Health Act 2001 and to personally congratulate the Minister of State with responsibility for this area, Deputy Jim Daly, for supporting that legislation.

Deputy Browne’s legislation has grown from strength to strength by safeguarding the autonomy of individuals, where they do not have capacity to consent to treatment, to now having two discreet sections, one with guiding principles for adults and the other with guiding treating principles for children. That has been recommended by Mental Health Reform for years and is most welcome. I hope, subject to the Minister of State's comments yesterday evening, that the Bill will be commenced as soon as possible, although whether the existing service can deliver the high standards required by the legislation is an entirely different question. However, that is not for today.

I am delighted that the Government has saw fit not to oppose my amendment and that, finally, it seems clear that there is a wholehearted commitment to end the practice of admitting children to adult units.

For today’s purposes, I am especially interested in Senator Swanick’s amendment, which somewhat overlaps with the principles I have sought to protect in my legislation today but does not go far enough. I will explain the reason.

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