Stephen Donnelly

The Mental Health Bill, to be published next week, will replace the existing Mental Health Acts 2001–2022 with the aim of providing a modern legal framework that will protect the rights of people with mental health difficulties in the decades ahead.

The 197-section bill will, among other things, expand the Mental Health Commission’s regulatory function to include all community mental health residences and services, including all community Child and Adolescent Mental Health Services (CAMHS).

It also provides for an updated involuntary admission and detention process for people with severe mental health difficulties, including a revised set of criteria for admission, and an overhauled approach to consent to treatment for involuntarily admitted people.

The changes will bring mental health law into “closer alignment” with the principles of the Assisted Decision-Making (Capacity) Acts 2015 and 2022, the Department of Health said.

There are stronger safeguards for people accessing inpatient treatment, and a new, discrete part of the bill which deals exclusively with the care and treatment of children and young people includes provisions to allow 16- and 17-year-olds to consent to or refuse mental health treatment.

Health minister Stephen Donnelly said: “I am pleased to see this important piece of legislation approved for publication by Cabinet.

“The bill contains numerous important measures, including the regulation of community mental health services, such as community CAMHS, for the first time.

“This bill is our opportunity to put in place more robust, person-centric mental health legislation that will further modernise, reform and protect the rights of people with mental health difficulties in the decades ahead.”

Mary Butler, minister for mental health and older people, said: “The development and publication of the Mental Health Bill has been a priority of successive governments and a personal priority of mine throughout my time as minister.

“The news that Cabinet has approved the publication of the bill is an important milestone. The development of the bill has come after countless hours of research, drafting, and consultation by officials across government, the Mental Commission, the Health Service Executive, and other key stakeholders.

“The protections this bill will afford are particularly important for people with severe and enduring mental health difficulties in hospital and community settings. I look forward to the publication of the bill next week and to moving this in the Houses of the Oireachtas in the autumn.”