‘Without urgent reform, people with mental health difficulties will continue to be impacted by inappropriate and outdated practices’
The Mental Health Bill 2024 will fall and it will be left to the next government to reintroduce it to progress to the next stages.
It has important provisions including the start of inspections of community services as well as for the Children and Adolescent Mental Health Service (Camhs) for the first time.
The setback follows 10 years of pressure to improve and modernise mental health services. The bill was published in July.
“The Mental Health Bill will have a profound impact on people with mental health difficulties, their family members and carers,” the organisation Mental Health Reform said.
“Every year, over 15,000 people in Ireland are admitted to in-patient mental health units. Last year, more than 2,500 people were involuntarily detained under the Mental Health Act.
“It is paramount that people who access mental health services receive care that respects their will and preferences and supports their recovery.
“Our research shows that many people using mental health services do not feel that they are being treated with dignity or respect.
“They say they do not have enough choice or control over their mental health treatment, such as the medications they are given.
“Without urgent reform, people with mental health difficulties will continue to be impacted by inappropriate and outdated practices.”
In a guide to the legislation the organisation pointed to changes in the involuntary admission of patients. It points out that currently gardaí make most of the applications to have someone in severe mental distress involuntary admitted, amounting to 30pc of cases.
“Having a mental health difficulty is a health issue and not a criminal justice issue,” the organisation said.
The role of gardaí will now be diminished, except for exceptional circumstances, and HSE will need to hire more authorised officers. A spouse or relative of a person is still allowed to make a direct application for involuntary admission.
It will also mean that 16- and 17-year-olds will be able to make more decisions around their mental health treatment, although protections are still in place where they are at risk.
Parents and guardians will also be given stronger rights to information about their child’s treatment.
The Department of Health said yesterday that progression of the lengthy and complex bill to replace the Mental Health Act 2001 remains a priority for the Government.
“Significant resources have been, and continue to be, allocated to the bill by both the Department of Health and the Office of Parliamentary Counsel,” aspokesman said.
“The bill will shortly be ready for committee stage. Necessary amendments are being progressed following contact with some key stakeholders including the HSE, Mental Health Reform, the Irish Council of Civil Liberties, and An Garda Síochána.
“A formal submission is also awaited from the Mental Health Commission.
“Department of Health officials are progressing a number of amendments to ensure the legislation is as robust as possible.
“Officials will continue to prioritise this work in the weeks ahead to ensure all relevant issues raised by stakeholders since publication have been considered and it will provide a legal framework for mental health services for decades.”
