Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2025-12-09
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Mary Butler (FF), Waterford

I will try to respond to everyone. What we are speaking about in this particular part of the Bill is adults who are involuntarily detained. That is the first point we need to make very clear. To respond to Senator Ruane, under the existing 2001 Act, the review takes place up to six months afterwards. We are reducing that to up to three months - I did not say "up to" but I should have - under the new Bill. There has been a significant move in that regard.
There is another point I want to make. I have never come across a clinician who wants to detain somebody involuntarily just for the sake of it. I am not saying that is what the Senators are saying but we all know that when people are involuntarily detained in mental health facilities, clinicians go to work every day to make sure those people get as well as possible so that they can go home to their families or whatever. I just wanted to clarify that. The 2001 Act, which we are working off at the moment, provides for a review at up to six months. The Bill I am trying to get through the Seanad changes that to up to three months. Three months is an appropriate amount of time.
Psychiatrists are compelled to discharge people when they think they no longer have a mental disorder. While we are waiting for the tribunal to happen, a person's status can change from involuntary to voluntary. I know from my lived experience that, in many cases, where a person who has been involuntarily detained becomes a voluntary patient, that person may decide to leave the facility. That happens a lot. People can make that decision.
Senator Stephenson asked about the rationale. The rationale is very clear in my mind. We currently allow up to 21 days for the tribunal to take place. If that was to change to up to 14 days, there would be an issue in meeting the demand in light of the consultants we have available to attend tribunals. So that people understand exactly what the review involves, I will outline that it includes an examination of the person by an independent consultant psychiatrist, which is what we are talking about; an examination of the person by another mental health care professional for the purposes of a psychosocial report; consultation between the person and his or her legal team - this is where it is at the moment - and the actual hearing itself. That all takes time. I do not see it being possible to fulfil the requirements of the Act if we were to change the period to 14 days. We could not do that between the eighth day and the 14th day. I do not believe that a person who is involuntarily detained might be well enough on the eighth, ninth, tenth or 11th day to put their best case forward. I will be pressing these amendments.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2025-12-09/debate/main
Retrieved: 2026-08-14T04:54:26+00:00
Sitting date: 2025-12-09