Written answers

Thursday, 11 June 2015

Department of Health

Legislative Process

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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159. To ask the Minister for Health the current status of the Mental Health (Amendment) Bill 2008 [Seanad]; if there is any other legislation relating to mental health planned; and if he will make a statement on the matter. [22735/15]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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In March this year, I published the Expert Group Review of the Mental Health Act 2001. This report contains 165 recommendations and sets out to promote the rights of persons with severe mental illness in addition to, importantly, promoting access to the most appropriate and highest achievable standard of mental health treatment, care and support. I will shortly seek Government approval for the preparation of a General Scheme of a Bill to reflect all of the recommendations of the Expert Group in revised mental health legislation.

In addition, I have prioritised an early amendment to the legislation in respect of Electro-convulsive Therapy (ECT) to ensure it cannot be administered to an involuntary patient who has capacity and refuses such treatment and a similar amendment regarding treatment over three months to involuntary patients who have capacity and refuse such treatment. I intend to use the Mental Health (Amendment) Bill 2008 to bring about these important changes to the existing legislation. This Bill while it has been passed by the Seanad contains inconsistencies and I will also shortly seek Government approval for revised heads and the rescheduling of the Bill on the Dáil order paper.

Once rescheduled, the amendments proposed by the revised Mental Health (Amendment) Bill 2008 will be progressed as soon as possible.

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