Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-20
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Mary Butler (FF), Waterford

Amendments Nos. 48, 49, 114, 115, 133 and 134 relate to the criteria for involuntary admission and treatment in the absence of consent. They propose to remove the risk of harm to another person as grounds for detention. I have seen many amendments in my lifetime and believe the one before us is one of the most inappropriate I have ever seen. I actually cannot see the reason for it.
If the amendments are carried, it will mean that for the very small number of people detained on grounds of risk and who represent an immediate and serious risk to another person – we have seen cases of this – involuntary admission will no longer be possible. I believe the unintended consequences of this amendment have not been considered properly. If involuntary admission were no longer possible, clinicians would have no ability to admit involuntarily a person who, due to his or her mental disorder, was an immediate and serious risk of harm to another person. The Senators are asking for the removal of risk of harm to "another person".
Often when people have mental illnesses or have had psychotic incidents, at which times they can be completely not the people they normally are, they can be a risk to themselves or others. I actually cannot understand the reasoning behind the proposal to remove from the Bill the provision referring to a risk to others. I have serious concerns about the potential unintended consequences if these amendments are carried. For that reason, I have no choice but to oppose them.
I acknowledge that only a very small minority of people affected by mental disorders and mental health difficulties pose a risk of harm or violence to other people. Statistically, a person with mental health difficulties is more likely to be a victim of violent crime than a perpetrator; however, I must reiterate that I do not believe it appropriate to remove the risk of harm to other people from the legal basis for involuntary admission. If we accepted the amendments, a person who is a risk to others could not be admitted by a consultant dealing with his or her case in real time. I do not know whether the amendments are worded incorrectly or otherwise, but they are unworkable and would have unintended consequences. I would genuinely worry if they were passed. The Senators have spoken about civil liberties the whole way through our consideration of this Bill – this is my fifth session considering it in the Seanad – so I ask them to reconsider their proposal. I do not believe it is well thought out, and it would do untold damage.

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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