Seanad debates
Wednesday, 24 September 2025
Mental Health Bill 2024: Second Stage
2:00 am
Imelda Goldsboro (Fianna Fail)
It is a privilege to welcome the Minister of State to debate Second Stage of the Bill. It is landmark legislation made up of nine Parts and 222 sections. It represents the most comprehensive reform of our mental health laws in a generation. This Bill is the product of years of careful work, reflection and collaboration by the Minister of State and her officials in the Department of Health. I commend her on that and on her effort, dedication, commitment and approachable manner. In my role as a councillor, she visited us in south Tipperary. She delivered the Haven crisis house for us and Jigsaw, to name a few.
The Bill addresses complex legal and ethical issues that touch the lives of some of the most vulnerable people in our society. It is only right that such a Bill has taken time to develop. I believe the result is one that will stand the test of time. I acknowledge the extensive consultation that has underpinned this process. I welcome the many significant provisions of the Bill. It introduces a revised approach to involuntary admissions and detention, with updated criteria and enhanced safeguards, aligning more closely with the Assisted Decision-Making (Capacity) Act. It expands the Mental Health Commission's regulatory remit to include all mental health services, including community, residential and CAMHS, ensuring consistent oversight and quality of care in all of our services. For the first time, it empowers 16- and 17-year-olds to consent to treatment for mental health care on the same basis as physical health, subject to limited exceptions and safeguards. This is vital to ensuring young people can come forward to access support wherever and whenever they need to.
In addition, the Bill reinforces the principle that individuals with capacity have the right to make decisions about their own mental health care and treatment. Where a person lacks capacity but has a valid substitute, under the Assisted Decision-Making (Capacity) Act, the decisions of that person on whether to consent to or refuse treatment must be respected. The Bill aligns its approach to capacity assessment with that of the 2015 Act ensuring consistency and clarity across our legal framework. Where no substitute decision-making arrangement exists, the Bill provides for an application to the Circuit Court to appoint a decision-making representative. These reforms are vital to ensure that vulnerable individuals are not left without a voice in decisions that affect their care and well-being. I particularly appreciate the Minister of State's efforts to strike a balance between respecting people's rights and ensuring people have the opportunity to benefit from treatment.
This Bill is about dignity, rights and modernising our mental health system to reflect the values of a compassionate and inclusive society. I look forward to engaging with the Minister of State and my fellow Senators during Committee Stage to further refine and strengthen the Bill and ensure this vital legislation is passed into law.
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