Government Submits 241 Amendments to Mental Health Bill 2024

Government has secured Cabinet approval for 241 amendments to the Mental Health Bill 2024, with Minister for Mental Health Mary Butler TD confirming the legislation remains a priority for enactment.

The comprehensive amendments will be moved at Committee Stage in Dáil Éireann in the coming weeks, as the Government seeks to modernise Ireland's mental health laws through what Minister Butler described as "landmark legislation".

The Bill, which contains 202 sections and was first published in July last year, aims to update mental health services and strengthen protections for people with mental health difficulties. It was restored to the parliamentary order paper in February as one of Minister Butler's first acts as Chief Whip.

Key Changes to Treatment Provisions

The most significant amendments relate to treatment provisions for adults who are involuntarily admitted to acute mental health units and lack capacity to consent to treatment. Under the proposed changes, the permissible treatment period would be extended from 21 days to a maximum of 42 days, provided a second consultant psychiatrist approves the extension.

The amendments also broaden the criteria for administering treatment during such periods, extending beyond risk to self and others to include treatment need-based criteria.

Expanded Regulatory Framework

The legislation will introduce comprehensive registration and regulation of community mental health services for the first time, including all community Child and Adolescent Mental Health Services (CAMHS). Minister Butler has written to the Mental Health Commission requesting they begin developing new CAMHS standards ahead of the legislation's commencement.

Stakeholder Consultation

Since the Bill's publication, extensive consultation has continued with stakeholder groups, with many of the 241 amendments addressing technical issues and stakeholder concerns. The amendments seek to balance individual autonomy with ensuring timely access to necessary care and treatment.

The Bill includes provisions for updated involuntary admission processes, an overhauled approach to consent for treatment, stronger safeguards for inpatient treatment, and allows 16- and 17-year-olds to consent to or refuse mental health treatment.

Minister Butler emphasised that the legislation aligns with the Assisted Decision-Making Acts of 2015 and 2022, ensuring people have greater input in treatment decisions.

"The Programme for Government commits us to enacting this legislation to modernise mental health services and put in place necessary safeguards to protect the rights of people with mental health difficulties for decades to come," Minister Butler stated.

The Bill represents years of drafting, research and consultation with stakeholders, including people with lived experience of mental health services and their families.