Written answers

Friday, 7 September 2018

Department of Health

Mental Health Act Review

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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707. To ask the Minister for Health the number of sections planned for the general scheme of the Bill to review the Mental Health Act 2001; the number of sections that have been drafted to date; the expected date his Department will send the general scheme of the Bill to the Mental Health Commission for review; and if he will make a statement on the matter. [35850/18]

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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The Department is currently drafting the General Scheme of a Bill to amend existing mental health legislation based on the recommendations of the report of the Expert Group set up to review the Mental Health Act 2001, which was published in 2015. 

While the Expert Group review had 165 recommendations, approximately 75% relate to changes in legislation.  To date a small number of recommendations have been enacted in the Mental Health (Amendment) Act 2015 and in the more recent Mental Health (Amendment) Act 2018 which, of course, Deputy Browne introduced.  The Department's initial working draft suggests that there is likely to be in the region of 50-60 heads in the Department's comprehensive mental health amendment bill.  I expect that the draft bill will be passed on to the Mental Health Commission for their views by the end of the year.

The Deputy will also be aware that draft Heads of Bill for the provision of deprivation of liberty safeguards for those in residential settings (including approved centres) were published by the Department of Health in December 2017 for public consultation.  The Department is currently analysing submissions received and it is intended to publish a report of the findings in September. An Advisory Group comprised of key stakeholders has been formed to consider the findings of the public consultation, advise on appropriate amendments to the draft Heads of Bill and ensure that the approach taken integrates effectively with existing legislation.  Every effort is being made to progress the legislation as quickly as possible.

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