Residential Institutions Seanad Éireann — 2026-01-20 ============================================================ Jennifer Murnane O'Connor (FF), Carlow-Kilkenny I thank the Senator for raising this important and sensitive matter concerning the treatment of children who resided in mother and baby homes and the testimonies in relation to unlawful or inappropriate committal to adult mental health institutions. I thank Patricia and Bryan for being here. It is important that we remember Carmel and highlight the concerns that Patricia and the family have brought here today. I am taking this Commencement matter on behalf of the Minister, Deputy Carroll MacNeill, and the Minister of State, Deputy Mary Butler, who has been in this House several times recently debating the new Mental Health Bill. I acknowledge the profound hurt and distress that so many survivors of institutional settings continue to carry. The Government remains committed to addressing this legacy with empathy, honesty and accountability, in line with the State’s wider response to the mother and baby homes commission of investigation. Work continues across government through the action plan for survivors of mother and baby homes, led by the Department of Children, Disability and Equality, and my colleague the Minister, Deputy Norma Foley. The Department of Health is an active contributor to this work, and engagement also continues with the special advocate for survivors of institutional abuse. The Senator’s specific query relates to whether the Minister for Health will order an inquiry into historical placements of children in adult mental health institutions. I just want to address what has been raised with me today. While the Department is not currently aware of evidence of such unlawful or inappropriate placements, any such concern is treated with the utmost seriousness and will be fully considered should relevant information become available. Any consideration of whether an inquiry would be warranted would need to take account of all relevant information. It is important to note that, prior to the introduction of the Mental Health Act 2001, involuntary admission to psychiatric institutions was governed by the Mental Treatment Act 1945. Under that Act, a person could be admitted and detained as a "temporary patient" or as a "person of unsound mind" following an application, a medical certificate signed by a doctor and a reception order signed by a consultant psychiatrist. The Act also provided that detained individuals had the right to contact the Minister for Health, the inspector of mental hospitals or the President of the High Court. The inspector was further required to visit any patient whose justification for detention he had reason to doubt. If any individuals believe they may have an historical claim in relation to time spent in a psychiatric institution, they can bring their concerns to the HSE, or they may wish to seek legal advice. I want to highlight that substantial reform of mental health legislation is under way through the new Mental Health Bill 2024, which is currently before the Seanad, led by my colleague the Minister of State, Deputy Mary Butler. This is one of the most significant modernisations of mental health law in the history of the State. It is forward-thinking, person-centred legislation and represents a huge step forward in the vindication of the rights of people accessing mental health services particularly those who are involuntarily admitted and accessing services in acute mental health settings. The Bill will also expand regulatory powers of the Mental Health Commission to include all community mental health services and teams, including community child and adolescent mental health services, CAMHS, to ensure our patients’ residential and community services are provided with the highest possible quality of care. This work reflects the State's ongoing commitment to ensuring that our mental health legislation continues to evolve in line with the international human rights standards. Again, I thank the Senator for raising this really important issue. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-20/debate/main Retrieved: 2026-08-14T04:54:31+00:00 Sitting date: 2026-01-20