Last-minute government amendments have resulted in a Mental Health Bill that now lacks crucial human rights safeguards in favour of a retrograde model of service provision for people with acute mental health difficulties, according to Social Democrats TD Liam Quaide.
Deputy Quaide, who is the party’s spokesperson on mental health and disability, said:
“Some government amendments, introduced on deadline day for submissions, have significantly altered the tenor of the Bill and have not given interest groups, including service-users, sufficient time for consultation and engagement.
“Under one such amendment, the period for which a person admitted to an acute mental health service may be treated involuntarily has doubled from 21 days to 42 days, subject to a review by a second consultant psychiatrist. This raises significant concerns for prolonged non-consensual interventions.
“The Minister also rejected opposition amendments to provide for a right to an independent advocate or an independent complaints mechanism, and the Bill does not include a stringent review of instances of involuntary treatment. These practices contravene the UN Convention on the Rights of People with Disabilities, which affirms the right to physical and mental integrity.
“Another new amendment means that the criteria for involuntary treatment have been significantly expanded.
“In addition, there is no safeguarding against the practice of admitting under 18s to adult psychiatric wards. While recognising that this practice has reduced significantly, that does not mean the figures will remain low – it needs to be prohibited.
“The government is essentially legislating to allow for its own continued under-resourcing of CAMHS inpatient beds and framing it as ‘not wanting to tie the hands of psychiatrists’ who may need to admit a teenager in crisis to an acute ward for their own safety.
“The Bill also reinforces the right of consultant psychiatrists to solely lead clinical teams and be eligible for the role of Inspector of Mental Health Services with the Mental Health Commission.
“While earlier drafts of this legislation included a comprehensive section on chemical restraint, the Mental Health Bill 2024 has entirely removed all references to this. This is a deeply troubling omission, as this practice does not exist under existing regulations or codes of practice and is therefore not monitored in day-to-day clinical practice.
“It is vital that key retrograde changes to the Bill over its passage through the Oireachtas are reconsidered at report stage in the Dáil next week, and that it regains its human rights focus.
“The point of this legislation was to improve the human rights of people availing of our mental health services. The government must not, in its final stages of drafting, cast aside years of painstaking and important work by the Mental Health Bill Expert Review Group and the Mental Health Commission.”
July 2, 2025