Róisín Shortall (Dublin North West, Social Democrats)
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225. To ask the Minister for Health if his Department has finalised a draft general scheme to amend the Mental Health Act 2001; and if he will make a statement on the matter. [50065/21]

Mary Butler (Waterford, Fianna Fail)
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The General Scheme of a Bill to amend the Mental Health Act was approved by Government on 13 July and is available on the Department of Health's website at gov.ie - Draft Heads of a bill to amend the Mental Health Act 2001 (www.gov.ie).

Róisín Shortall (Dublin North West, Social Democrats)
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226. To ask the Minister for Health if his attention has been drawn to the increase in applications for involuntary admission from An Garda Síochána as outlined in the Mental Health Commission Annual Report 2020; his views on the same; if he plans to amend the Mental Health Act 2001 in respect of involuntary detention; and if he will make a statement on the matter. [50066/21]

Mary Butler (Waterford, Fianna Fail)
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The Annual Report of the Mental Health Commission set out that in 2020 there were 2,432 admission orders issued, of which 1,919 were involuntary admission orders and 513 related to admission orders that required a change from voluntary to involuntary status. It should be noted that the figures relate to the number of admission orders issued rather than the number of people admitted on an involuntary basis.

Of the 1,919 involuntary admission orders issued, 32% were by members of An Garda Síochána, 29% were by a spouse, civil partner or relative, 13% were by Authorised Officers of the HSE, and 26% were by other persons. The Deputy should note that 'other persons' may include doctors in an emergency department.

Under Section 9 of the Mental Health Act 2001, members of An Garda Síochána, along with Authorised Officers, family members or other relevant persons (such as neighbours or friends) may make an application for involuntary detention. Section 12 of the Mental Health Act 2001 provides for a member of An Garda Síochána to take a person into Garda custody if the Garda believes the person is suffering from a mental disorder.

In its Annual Report, the Commission highlighted that there had been an increase in the use of Section 12 compared to 2019. While the specific cause of this increase is not known, the Department is generally in favour of the limited use of Section 12 to detain people because being taken into Garda custody can have a traumatising effect on people.

As the Deputy will understand, the proportion of applications for involuntary detention reflects the unfortunate reality that Gardaí often encounter persons with severe mental health issues and may be called upon by members of the public or family members where a person is experiencing high levels of distress. Very often, members of An Garda Síochána are the first available frontline service to whom people will turn in such situations.

Applications for involuntary detention are never made lightly and applications made by any member of An Garda Síochána take full account of An Garda Síochána‘s obligation to protect the human rights and welfare of individuals and communities. The only statutory option available to Gardaí responding to people in a mental health crisis and potentially posing a risk of harm to themselves or others is to invoke Section 12 of the Mental Health Act, 2001.

The Department of Justice has confirmed that all trainee Gardaí are trained over two days in an internationally recognised Applied Suicide Intervention Skills Training (ASIST) workshop which is delivered in collaboration with the HSE. This workshop is a suicide first aid programme which equips trainee Gardaí with the necessary skills to discuss suicide with a person at risk and to make an intervention to reduce immediate risk of suicide if necessary. Trainee Gardaí also study the Mental Health Act 2001 and the procedures that are required if they have to invoke their powers.

As part of the Continuous Professional Development core programme for operational members, An Garda Síochána has provided training on awareness of mental health difficulties in keeping with the Mental Health Act 2001. The programme also covers types of mental health difficulties, Garda powers and procedures, and the transportation of people in mental health crisis.

As the Deputy may also be aware, the Commission on the Future of Policing in Ireland concluded that societal issues such as the mental health of individuals should not be the responsibility of An Garda Síochána alone and the Commission recommended the establishment of multi-agency teams that would include Gardaí to respond to the needs of individuals with mental health issues. A pilot crisis intervention team is being developed in the Limerick Garda Division. This pilot is being progressed in close collaboration with the HSE and it is hoped to begin the rollout of the pilot team early next year.

As the Deputy will be aware, a General Scheme of a Bill to amend the Mental Health Act was approved by Government on 13 July and is available on the Department of Health's website at gov.ie - Draft Heads of a bill to amend the Mental Health Act 2001 (www.gov.ie).

The publication of the General Scheme follows a review of the Mental Health Act which took account of the 165 recommendations of an Expert Group Review of the Act that were published in 2015, along with extensive consultation with the HSE, the Mental Health Commission and other key stakeholders, and a public consultation in March/April 2021.

Proposed amendments to Section 9 in the General Scheme provide for changes to who may make an application for involuntary admission and would allow only ‘Authorised Officers’ to make an application. The proposed changes were recommended by the Expert Group and included in the current Programme for Government.

Proposed amendments to Section 12 in the General Scheme provide for updated powers for An Garda Síochána to take persons into custody who they believe fulfil the criteria for detention set out in Section 8 of the Act. The Garda or Gardaí must contact an Authorised Officer who will assess the person to see whether an application for a recommendation to a medical practitioner should be made.

The intention of these changes is to strengthen the safeguards on involuntary detention, to uphold the rights of the individual to autonomy and to make decisions of their own, and to ensure an holistic view of the individual is taken before an application for involuntary detention is made.

Pre-Legislative Scrutiny by the Oireachtas Sub-Committee on Mental Health is expected to begin in the coming weeks. The draft heads have been sent to Office of Parliamentary Counsel (OPC) for the drafting of the Bill. Department of Health officials will continue to work with the sub-Committee and the OPC to ready the Bill for introduction to the Oireachtas as soon as possible.