Róisín Shortall (Dublin North West, Social Democrats)
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535. To ask the Minister for Health the status and timeline for publication of draft changes to the Mental Health Act 2001; and if he will make a statement on the matter. [22719/21]

Mary Butler (Waterford, Fianna Fail)
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The Mental Health Act 2001 sets out how people who require inpatient mental health services should be cared for and treated, particularly those who are involuntarily detained in approved centres. The Act also provided for the establishment of the Mental Health Commission, the regulator of mental health services in the State, an Inspector of Mental Health Services within the Commission and safeguards for service users, including the right to a review mechanism through the mental health tribunals process. A 2015 decision by the Government of the day called for a draft general scheme to amend the Act to be produced, in line with the 165 recommendations of the 2015 Expert Group Review report.

Among the Expert Group recommendations were proposals on revised criteria for detention, updated definitions of mental illness and voluntary and involuntary patients, the introduction of guiding principles, statutory individual care plans, a greater role for Authorised Officers in involuntary admissions, improved safeguards for service users and shorter intervals for tribunals. The Expert Group also recommended that there be a presumption of capacity for young people aged 16 and 17 to consent or refuse treatment, unless proven otherwise, and the introduction of guiding principles for the care of children under the Act.

The Department is now finalising the draft general scheme to amend the Mental Health Act, taking into consideration the recommendations of the Expert Group, relevant domestic legislation such as the Assisted Decision-Making (Capacity) Act 2015, Ireland’s international obligations under the UN Convention on the Rights of Persons with Disabilities, relevant Private Members’ Bills, the Mental Health (Amendment) Act 2018, extensive consultation with key stakeholders such as the Commission and the HSE, and the results of a recently concluded public consultation, which saw 100 submissions received by the Department. A legal review of the draft general scheme is currently underway and is expected to conclude shortly.

Final comments from key stakeholders such as the Commission and the HSE are expected by the end of April, and the Department will review these final submissions, as well as any submissions received as part of the legal review process, over the next two months, and will inform the final draft legislation. I expect that Government approval of the draft general scheme will be sought before the Dáil summer recess with a view to it being published as part of the autumn legislative programme.