Last-minute government amendments and an unwillingness to accept any opposition amendments have undermined years of important work on the Mental Health Bill, according to Social Democrats Mental Health and Disability spokesperson Liam Quaide.
Deputy Quaide said:
“Some government amendments, introduced on deadline day for submissions at Committee Stage, have significantly altered the human rights ethos 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.
“Another new amendment means that the criteria for involuntary treatment have been significantly expanded. These amendments raise significant concerns around the potential for prolonged, non-consensual treatments.
“The Minister also rejected opposition amendments to provide for a right to an independent advocate or an independent complaints mechanism. The absence of a right to these supports is all the more concerning given the significant changes to involuntary treatment provisions.
“While earlier drafts of this legislation included a comprehensive section on chemical restraint, this was entirely removed at later stages. I attempted to reintroduce these provisions at Report Stage last night and this amendment was voted down by government.
“This is a deeply troubling omission, as the practice of administering powerful, temporarily disabling sedatives is common in psychiatric settings, has serious implications for bodily
autonomy and personal liberty, and is not currently monitored or regulated by Codes of Practice.
“There is no safeguarding in the Bill against the practice of admitting under 18s to adult psychiatric wards. While it is welcome that this practice has reduced significantly in recent years, that does not mean the figures will remain low in the absence of a legal prohibition.
The government even rejected a compromise amendment to limit admission of a child to an adult psychiatric ward to 72 hours.
“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. This shores up a medical model of service provision that is out of keeping with our national mental health policy Sharing the Vision.
“I welcome the extension of regulatory powers of the Mental Health Commission to community mental health services provided for in the Bill, and the provision of consent to treatment to 16- and 17-year-olds.
“The point of this legislation was to improve the human rights of people attending our mental health services. That work was painstakingly undertaken by an Expert Review Group and the Mental Health Commission over an extended period of time.
“Regrettably, much of that work was overturned by last-minute government amendments and an apparent default position on the Minister’s part to accept no opposition amendments, however well reasoned.
“The Bill in key parts now contravenes the UN Convention on the Rights of People with Disabilities, which affirms the right to physical and mental integrity. In its final Seanad stage these concerns need to be addressed and the Bill needs to regain its human rights focus.”
July 11th, 2025