Kathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context | Oireachtas source

I expect to receive the report of the Expert Group set up to review the Mental Health Act 2001 in the coming days.

As the Deputy will be aware, while the Expert Group was originally due to report in 2013, additional time was requested by the Group to consider the implications for mental health legislation of the Assisted (Decision Making) Capacity Bill which was published in July 2013. In addition, detailed discussion and analysis was required by the Group on complex areas of mental health legislation including, for example, the requirement to take account of certain Articles of the Convention of the Rights of Persons with Disabilities and the need to achieve a balance between individual human rights and the requirements for public safety. I made it clear to the members of the Group at the commencement of their work that they should take an open and expansive approach, and consider all issues which they might feel were relevant and necessary for a thorough review, having regard to the Review's term of reference.

As I have previously indicated to the Deputy, the Mental Health Act 2001 was introduced on a phased basis and was fully enacted by 2006. For the majority of legislation that has been fully operational for less than a decade, it would not be normal to have such a formal comprehensive review of the legislation. However a commitment was made in the Programme for Government to review the Act and the Government and I attach great importance to the review.

The Mental Health Act 2001 was consistent with prevailing approaches to rights issues at that time and continues to underpin a modern approach to the regulation of mental health services in Ireland. As I have previously indicated, I am satisfied that the additional timeframe which was necessary for the current review is not impacting on human rights issues within the mental health system.