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

Senator Black spoke about a person-centred approach. Where is that approach when the reality is that there is, and always will be, a subset of people who, due to their own mental disorder, may need to be involuntarily admitted because they pose an immediate and serious risk of harm to another person? If they are not involuntarily detained due to their mental disorder because they are a risk to other people, what happens if they leave the emergency department or the department of psychiatry and go outside on the street? Where is the person-centred approach for the people on the street?
We have to look at the unintended consequences of this. We are talking about removing the fact that they are a risk to others but there is always going to be a subset of people who, due to their mental disorder, which could involve a dual diagnosis, may need to be involuntarily admitted because they pose an immediate and serious risk of harm to another person. Are we going to not admit a person with a mental disorder who is a risk to himself, herself or another person? Are we going to insert an amendment into this Bill to say that we are going to remove the risk to other people criterion? It could not be clearer.
We can talk about civil liberties and we have to get this Bill right but mental health settings are not prisons. That is the first point. I have to be very clear about that. They are not prisons. People who are involuntarily admitted are not guilty of committing a crime and we must also be very clear about that. They are in hospital and in the best-case scenario, they can make a full recovery. We do not talk enough about recovery. They can make a full recovery and no longer pose a risk of harm to any person. There could be a snapshot or moment in time when they are a risk to another person. They could be psychotic and in a really bad way. Effective and timely treatment for people with a mental disorder who pose a risk of harm to others is something we should be supporting. I just cannot understand how Mental Health Reform could support amendments like these. It beggars belief.
The Bill contains effective safeguards for these people, such as a robust set of admission and treatment criteria, regular reviews of detention by independent review boards, free and independent legal representation and a very active regulator in the Mental Health Commission.

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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