Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-20
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Victor Boyhan (IND), Agricultural Panel

I move amendment No. 52b:
In page 26, between lines 2 and 3, to insert the following:
“Report on right to independent advocacy
13. Within nine months of the passing of this Act the Minister shall lay before both Houses of the Oireachtas a report outlining how a right to independent advocacy can be guaranteed to all patients and their caregivers.”.
Before talking about the rationale, I want to use this opportunity to say that, since the Minister of State and I last met, I have had much engagement from groups including the Irish Council of Civil Liberties, the Irish Human Rights and Equality Commission and Mental Health Reform. They have done sterling work. All of these agencies get various forms of State funding and do good work. Of course, we have different views and interests. I have also looked at some statements and commentary from the Ombudsman for Children and others in relation to the Bill. I do not want to rehash them but, fundamentally, independent advocacy is one of the biggest issues.
I have had telephone calls and meetings with people who work in psychiatric services. I take this opportunity to salute them. When I woke up the other day, I got hope and heart from them more than anybody else because they are on the ground. They are the eyes and ears and they told me of their concerns. They said they are vigilant and try to communication their concerns. There is whistleblower legislation. They acknowledge the role of the independent media. There are many ways of dealing with it.
Also since the Minister of State and I met, there was the terrible story of Bloomfield Hospital. That was not something I was aware of beforehand, in terms of advocacy and speaking to people who have family in there. I will not dwell on that. It would not be appropriate to open all that up. That is not my intention, other than to say I was contacted and told Bloomfield received a compliance score of 94% from the Mental Health Commission. That is hard to believe, is it not? That was three years in a row. No known complaints were flagged to the HSE in terms of Your Service, Your Say and accessing all of that. Advocates and an independent complaints process would help protect people in hospitals. As we were talking before Christmas, these things were going on in Bloomfield. I took the time to engage with people because that is the nature of my business, and the nature of most of us as politicians. The goings-on in Bloomfield Hospital of which we learned as a result of a whistleblower were horrific. That gives me hope in the sense that the punters, Irish people, caregivers and people in the service are vigilant. Some of the advocates are here tonight. They are the eyes and ears and advocates in relation to mental health.
I am not here to question the Minister of State's record. In my engagements since we spoke before Christmas, people have gone all out to impress upon me her absolute commitment. I do not doubt that and want to be clear about that. I do not want to frustrate the Bill. However, I note the Irish Human Rights and Equality Commission wrote to the Minister of State on 10 November 2025. I have a copy of the letter in front of me. In fairness, it is on the IHREC website. It is very transparent about how it does its business.
My colleague, Senator Ryan, and I are asking for a report on independent advocacy because we have been ruled out of order previously when we talked about advocacy. That is why I asked the Leas-Chathaoirleach to read into the record why it was ruled out. We are being told in a Parliament and a democracy that, because of funding, it is not possible to provide this. Because someone somewhere may have to type up a few sheets of paper or do a report, amendment No. 52a on the right for independent advocacy was ruled out. What a read. What a headline to write in the national papers tomorrow. I think that is a pity. It is not the Minister of State's fault. She does not manage this, but it is not something to sit comfortably with. If I was the Minister, I would be exceptionally disappointed about that. I spoke to people today about referring some of this Bill back to committee. I might as well be honest and say I have looked at the possibilities of that. Would I get support in this House for that? Maybe not, but proposing to refer this back to the committee is something I would have to seriously consider, or sections of it.
I am here today on the public record. We are the Oireachtas. There will be a broadcast tomorrow night of tonight's proceedings. It does not sit comfortably with me and I do not think it sits comfortably with a lot of people that we are being told a bit of money is a problem when putting in place a policy of advocacy.
What is the rationale? I will get to the point. We are asking for a report on independent advocacy because we have been ruled out in relation to other matters about advocacy. Mental Health Reform, which the Minister of State and I have both spoken about, has called for a statutory right to advocacy and for an independent complaints mechanism. People who speak to me see an awful lot of merit in the Minister of State's legislation but they see a shortcoming in terms of the independent complaints mechanism as the Bill stands. The Minister of State will clearly take on board some of the issues. She is coming back and may seek to bring amendments. I hope she will.
All involuntary admitted persons receive a second opinion from psychiatrists, etc. The special advocate could be trained to help individuals understand their rights, express their views and make informed decisions about their care. We all want to empower the patient. It is central to mental health. I saw some correspondence from the Minister in relation to mental health in which she made the point that this is progressive legislation but, yes, it may need a bit of tweaking here and there. The opinion of a second psychiatrist is important.
With regard to the whole issue of advocacy, advocacy provides a unique and central support for individuals and it should not be viewed as a function already fulfilled by professionals. There are issues with independent complaint mechanisms. The Minister of State will be familiar with the HSE’s Your Service Your Say complaints process. The HSE does not claim to be independent. It functions as a service-level feedback system, offering an accessible first point of contact for comments and resolution. Individuals should not be expected to complain directly to the organisation that is providing the service of care. The Bill should include a statutory right to independent advocacy and a mandate for the establishment of an independent complaints mechanism. I will leave the Minister of State with that. I would like to think we can get agreement on this. I do not see it as a difficulty. From everything I have read about her commitment in the lead-up to this debate and committee proceedings, I have a view that it will have our support.
This is mentioned in the letter of correspondence, dated 10 November, directly to the Minister of State. It is also mentioned in a letter on 16 January 2025 from the Irish Council for Civil Liberties, which, again, emphasised the importance of advocacy in safeguarding people and empowering people and patients with their rights. It is a central plank. Advocacy is important. There must be confidence in the system of advocacy and complaints mechanisms.
I also salute the advocates in mental health and those generally in care, including the staff, the whistleblowers at Bloomfield Hospital and staff in other psychiatric services, be they private or public. I do not want to draw any distinction between private and public because that is for another day and another debate. Not too many people can access or afford to access private mental care. That is something I have also discovered from personal testimony of people who contacted me. They have not been able to access such services or have had to wait a very long time, particularly for assessments related to children, teenagers or juveniles. That is another day’s work and another challenge for the Minister of State, however. Hopefully, the Minister of State will come to some level of support or agreement in this area.

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Retrieved: 2026-08-14T04:54:31+00:00
Sitting date: 2026-01-20