Frances Black (Independent) | Oireachtas source

Those who campaigned for this legislation specifically argued that a comprehensive review clause was necessary to ensure that the legislation remained under review at regular intervals, given the pace of change in this area globally and advances in practice on the ground. We recommend adding a further provision to ensure that the legislation is reviewed at least once every three years. As we have seen from the review of the Mental Health Act 2001, without a legislative requirement for a regular review, ad hocreviews approved by Departments take longer to complete and risk not having the recommendations for reform met in full. Therefore, the introduction of a rolling review in respect of this legislation is appropriate.

I hope the Minister will reconsider his position on this amendment. He refused it on Committee Stage, when he stated that the Bill already contained a review clause. He also suggested that this amendment would have the unintended consequence of restricting the review to only the matters stated. He felt that it was important to ensure that the review provisions were broad enough to address whatever issues arose in the context and operation of the legislation. I agree that the review should be as broad as possible. It is for this reason that my amendment is necessary. The Bill as it stands only allows for a review of its operation and effectiveness. My amendment would include the requirement to assess the interpretation and accessibility of the legislation and for the review to be done in consultation with persons with disabilities, something that the Bill does not really require. It should also be noted that the language used in the amendment is not exhaustive and that any such review would not be limited to only examining the operation, effectiveness, interpretation and accessibility of the legislation. Those would simply be the minimum requirements of any review and it would always be open to the Minister of the day to set down broader terms of reference.

As the Bill is written, stakeholders would have no right to request a review. Therefore, it is imperative that rolling reviews be carried out every three years to ensure that any necessary amendment to the legislation is identified and incorporated in it. I ask the Minister to reconsider his position and accept this amendment.