Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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691. To ask the Minister for Health if she will address the concerns raised in correspondence (details supplied) regarding the Mental Health Bill 2024; and if she will make a statement on the matter. [9320/25]

Mary Butler (Waterford, Fianna Fail)
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The context in which mental health services operate has changed significantly since the enactment of the existing Mental Health Act in 2001 and the rights accrued by people since the enactment of the 2001 Act cannot be ignored.

The State is obligated to ensure that the rights of people with severe mental health difficulties are protected and that they are given the opportunity to be active participants in their own care and treatment. This central concept is embodied in the Mental Health Bill 2024.

Involuntary admission and, to an even greater degree, involuntary treatment are among the most serious infringements on the bodily rights of a person. It is only right that any such admission and treatment is accompanied by very strong safeguards. An involuntary admission and treatment process in 2025 must reflect modern human rights standards and protect the rights of the individual insofar as possible.

With regard to involuntary treatment and the Court process, the Bill provides for a 21-day window after admission where a person assessed as lacking capacity can be treated without consent, subject to the criteria in the Bill. Furthermore, while an application seeking a decision-making order or representative to the Court is being made or has been made, treatment can continue to be administered, subject to criteria set out in the Bill.

Where the Circuit Court is involved, it is only for the purposes of affording people with mental health difficulties who lack capacity the same legal protections as people with physical health conditions who lack capacity.

Following the publication of the Bill in July 2024, some key stakeholders contacted the Department of Health in relation to some provisions contained in the Bill. The Department has had constructive engagement with a wide array of stakeholders since the publication of the Bill, including the College of Psychiatrists of Ireland, the Mental Health Commission, the Health Service Executive, and other representative bodies.

Department officials have prepared a number of amendments to the Bill. Provisions related to consent to treatment are being reviewed with a view to striking the appropriate balance between ensuring people can access timely treatment following admission while also respecting the right to people lacking capacity to express their will and preferences regarding their own treatment.

These amendments are now being finalised and will be ready for Committee Stage, and I will bring the Bill to Committee Stage within the next few weeks.