Seanad debates

Wednesday, 10 October 2018

Mental Health (Capacity To Consent To Treatment) Bill 2018: Second Stage

 

10:30 am

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

I welcome the Minister of State and wish to speak strongly in support of the legislation, the purpose of which has been outlined in detail by colleagues across the House. I would really like to see it being passed on Second Stage and progress to Committee Stage quickly. I was delighted to co-sign and co-sponsor it and commend Senator Máire Devine and her team, especially Ms McManus who is in the Visitors Gallery, for presenting it to the House. I know how hard they have worked on it. It has been well researched and the case for its acceptance is compelling.

As matters stands, there is a disconnect between several Acts on the Statute Book and how they deal with the capacity of 16 and 17 year olds to consent to mental health treatment. Fixing it was a key call of the expert group tasked with reviewing the Mental Health Act which ultimately gives young people little say in their treatment. It is one of the common-sense steps we could take to reform and improve mental health services. I was very pleased to see Mental Health Reform contact Senators this afternoon to offer its full support for the Bill. Lowering the age of consent to receive mental health treatment to 16 years would ensure previous discrepancies would be cleared up. To me, this is part of a much broader and very welcome change in our attitudes towards mental health and young people. We have made great strides in recent years removing the stigma surrounding mental health and our willingness to talk about it. Listening to young people, it is clear that this generation are not the same as previous ones. They are willing to speak about their mental health and seek help when they need it.

Similarly, on our attitudes to young people, progressive steps have been taken in this Chamber and wider civil society to treat them with greater respect, see them as autonomous individuals who are well able to navigate life's decisions and chart their own course. For example, Bills to lower voting age to 16 years have been tabled in the House. That is a positive and democratic step that has been taken in several European countries, including Austria, Estonia, Germany, Greece, Malta and Norway. Such moves seek to recognise the intelligence, capacity and interest of this generation of young people and empower them to participate in public life and wider society. It was in this spirit that I was very happy to co-sign the Bill. We are saying to a generation of 16 and 17 year olds who are more willing more than ever before to speak about their mental health that they have the capacity to make decisions about the care they receive. I commend the Bill to the House.

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