Government Publishes Bill to Modernise Mental Health Legislation

The Government has published the Mental Health Bill 2024, which was approved last week. This new Bill, set to replace the Mental Health Acts 2001-2022, comprises 202 sections and introduces significant reforms, including the regulation of all community Child and Adolescent Mental Health Services (CAMHS) for the first time.

Mary Butler, the Minister responsible for mental health and older people, announced that the Bill is prepared for introduction to the Oireachtas “as soon as possible” when the Dáil reconvenes in September. She described the Bill as “lengthy and complex” and highlighted its focus on a “more modern, person-centred approach to mental-health legislation.”

New Criteria for Admission

Key reforms in the Bill include:

– Updated Involuntary Admission and Detention Process: The Bill introduces revised criteria for the admission and detention of individuals with severe mental-health difficulties.

– Overhauled Consent to Treatment: There is a reformed approach to obtaining consent for treatment from those involuntarily admitted.

– Expanded Regulatory Function: The Mental Health Commission’s oversight will now extend to all community mental-health residences and services, including all community CAMHS.

– Alignment with Assisted Decision-Making Acts: The Bill aligns more closely with the principles outlined in the Assisted Decision-Making (Capacity) Acts 2015 and 2022.

– Provisions for 16 and 17-Year-Olds: A new section allows 16 and 17-year-olds to consent to or refuse mental-health treatment.

These changes aim to modernise Ireland’s mental-health legislation, making it more inclusive, person-centred, and aligned with contemporary principles of patient autonomy and consent

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