Minister for Mental Health, Mary Butler TD, has secured the Mental Health Bill 2024 through both Houses of the Oireachtas. The legislation will now go to the President for her consideration.

Minister Butler thanked Deputies and Senators for their support and constructive debate on the legislation, with over 40 hours dedicated to the legislation in both the Dáil and Seanad and said, “I am proud to have brought this Bill from the publication of the General Scheme through to its passage through both Houses of the Oireachtas. The enactment of this Bill has been a longstanding priority for me and for the Government.”

The Bill, which the Department of Health described as “landmark” legislation, aims to improve the experience of people who are involuntarily admitted to an acute mental-health setting.

It provides new safeguards for people admitted and introduces a revised approach to consent to treatment, ensuring that people have more of a say in decisions about their treatment.

Minister Butler stated, “This is a once-in-a-generation piece of legislation. The last Mental Health Act was enacted in 2001 by the current Taoiseach. Prior to that, it was 1945. I believe the Bill we have passed here today will stand the test of time and I hope it is in place for many years, if not decades, to come.”

Though, the Government has been warned it should cut the time for a review of landmark mental health legislation from 5 to 2½ years. Sinn Féin spokeswoman Sorcha Clark, who acknowledged the extensive work involved in the “phenomenal-sized” legislation, appealed to the Minister to consider an interim review of 2½ years “given the complexity and scale” of the Bill.

The Minister’s department said that almost 800 Government amendments to the bill during the legislative process were informed by consultation with key stakeholders.

Among the main amendments are:

• Changes to the consent-to-treatment provisions for adults to ensure that people have access to treatment where they lack decision-making capacity and do not have a relevant substitute decision-maker.
• Changes to the process of involuntary admission and treatment of children – including the prohibition of electro-convulsive therapy (ECT) to those under 18.
• The introduction of two new sections empowering the Mental Health Commission to regulate pharmacological restraint.
• Additional safeguards on the criteria for involuntary admission and consent to treatment for adults and children.

The Minister concluded, “I am determined to commence the Mental Health Act 2026 at the earliest opportunity. I will seek to put in place the necessary resources required as part of the annual Estimates process for 2027.”

 

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.