Minister for Mental Health and Older People, Mary Butler, has announced the publication of the Mental Health Bill 2024, which was approved by Government on July 24.
The development of the new Mental Health Bill, which will replace the existing Mental Health Acts 2001 – 2022, is a longstanding priority of the Department of Health and features in the current Programme for Government.
Minister Butler said, “I am delighted to publish this important piece of legislation today. The publication of the Bill is an important milestone, and I am happy to deliver on my commitment to ready the Bill for the next steps in the legislative process. Today’s publication means that the Bill will be ready for introduction to the Oireachtas as soon as possible on the return of the Dáil in September.
“The Bill will replace the 2001 Act, introducing a more modern, person-centred approach to mental health legislation and will put in place a more robust framework in which our mental health services will be delivered and regulated. Importantly, the Bill introduces the regulation of community mental health services, including CAMHS, for the first time.”
Minister Butler added, “The Bill contains numerous important measures, which will have a tangible beneficial impact on individuals accessing mental health services, empowering them to play a more active role in making decisions about their care and treatment.
“The Bill is lengthy and complex, containing 202 sections, and I look forward to guiding it through the legislative process and to bringing it to Committee Stage in the Autumn.”
The Bill was subject to extensive consultation during the current drafting process and prior to the publication of the General Scheme in July 2021, including ongoing consultation with the Mental Health Commission, the Health Service Executive (HSE) and other Government Departments and stakeholders.
The new Bill will provide for, among other things:
- An updated involuntary admission and detention process for people with severe mental health difficulties, including a revised set of criteria for admission.
- An overhauled approach to consent to treatment for involuntarily admitted people.
- An expansion of the Mental Health Commission’s regulatory function to include all community mental health residences and services, including all community CAMHS.
- Closer alignment with the principles of the Assisted Decision-Making (Capacity) Acts 2015 and 2022.
- Stronger safeguards for people accessing inpatient treatment.
- A new, discrete Part of the Bill that deals exclusively with the care and treatment of children and young people, which includes provisions to allow 16- and 17-year-olds to consent to or refuse mental health treatment.
Following completion of the drafting process with the Office of Parliamentary Counsel, the Mental Health Bill 2024 now contains 202 sections (up from 197 prior to formatting/drafting changes made during the Quality Assurance process).
