Diarmuid Wilson (Fianna Fail) | Oireachtas source

I am taking this on behalf of my colleague, Senator Swanick, and I welcome the Minister of State, Deputy Jim Daly, to the House. Fianna Fáil will fully support this Bill, which provides a lawful basis for the reception, detention and treatment of persons detained involuntarily on renewal orders under section 15 of the Mental Health Act 2001. However, it is important to say that the rights of mental health patients cannot be meaningfully vindicated in the absence of advocacy services.

This legislation stems from last May’s Court of Appeal ruling that found part of the Mental Health Act to be unconstitutional because it allows detention of an involuntary patient to be extended for up to 12 months without an effective or independent review within a reasonable timeframe. It is welcome that this issue is being addressed but many patients will lack the capacity to know that these rights exist or lack the capacity to act on their rights. In light of the proposed legislation, there is a clear need for greater access to information on how to make a complaint and for proactive advocacy supports for those using the mental health services. This is especially the case for involuntary inpatient users of mental health services. These patients are deprived of their most basic human right, that of their liberty. Appropriate safeguards need to be in place to ensure that any such deprivation of liberty is no more than absolutely necessary, is done in accordance with the law and respects patients' human rights. To achieve this, the Minister needs to ensure that the range and capacity of Ireland’s mental health advocacy services is expanded to meet the needs of people with long-term mental health difficulties. Otherwise, patients' rights are meaningless.There are three issues which were highlighted by Mental Health Reform and which I would like to seek clarification on. Will all individuals subject to a renewal order receive an automatic tribunal within 21 days to review their detention? Why are individuals subject to only one application to have their detention reviewed? The limitation that individuals cannot request a tribunal until three months of their renewal order has lapsed should be amended. In addition to individuals receiving an automatic tribunal, they should also have the right to request a tribunal at any time over the course of their renewal order. I would be grateful if the Minister of State could comment on those points.

A Mental Health Reform study published in July 2017 also found that only 27% of users of mental health day clinics were fully or mostly confident about raising issues with their psychiatrist. That report also found that two thirds of patients did not know how to make a complaint and that participants were only a little confident in their ability to advocate for themselves. My party colleague and mental health spokesperson, Deputy James Browne, has rightly called for greater access to information on how to make a complaint and for proactive advocacy supports for those using our mental health services. I second that call. I also welcome Deputy Buckley of Sinn Féin to the Gallery. He has been a stalwart in advocating for mental health services, . He, Deputy Browne, and the Minister of State have worked very well together in advocating for those with mental health difficulties.