Seanad debates

Wednesday, 24 September 2025

Mental Health Bill 2024: Second Stage

 

2:00 am

Laura Harmon (Labour)

I welcome the Minister of State to the House. I will not oppose the Bill on this Stage but there is significant work to be done on it and a lot of scope for amendment.

I acknowledge the visitors in the Gallery. I thank the many individuals and organisations that have engaged with me in recent weeks on the Bill and raised their concerns. I refer in particular to Mental Health Reform for providing several briefings on the Bill.

This is a once-in-a-lifetime opportunity to modernise Ireland's mental health laws. I will list some of the areas of concern that require improvement. The first is advocacy. The Bill should introduce a statutory right to independent advocacy as a vital safeguard for individuals receiving care. Second, it should establish an independent complaints mechanism for people accessing mental health services, separate from the current HSE process that is available to both adults and children. Any changes to involuntary treatment must be carefully reconsidered to ensure that such interventions are used strictly as a last resort and that there are robust safeguards in place in the legislation. There must be safeguards governing chemical restraints. That absolutely must be addressed.

The Bill continues to permit the admission of children to adult units, which contravenes the UN Convention on the Rights of the Child. Children should never be placed in age-inappropriate psychiatric units. At an absolute minimum, the legislation should introduce a strict time limit on any such placements and ensure safeguards are in place. The language in the Bill should be reviewed. The term "mental disorder" is outdated and many people with lived experience say it is stigmatising.

The legislation should be reviewed within five years. There should be continual review, with engagement with organisations and those directly affected. The availability of environment and settings of care should not be the sole determinant of where care is received. It must be determined by the location of the best care for the individual. Ultimately, there is a lot that is good in the Bill. It is a unique opportunity to uphold the rights and dignity of those in society who are vulnerable. I look forward to further engagement on later Stages.

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