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

Unfortunately, I cannot support this amendment as I do not believe it is appropriate to primary legislation. We may be able to work something out. The review of the operation of this enactment will be led on by the Department of Health. The Department is the appropriate entity to carry out the review because it is responsible for the drafting of the legislation. If, ahead of that review, or as part of it, the Government of the day is of the belief that a report on maximising autonomy is required, then it would be a decision for the Government and Department to lead on such a review. Furthermore, there was a strong working relationship between my office, the Department, and the Mental Health Commission. My Department and the commission will be working closely following the enactment of the Bill to bring the legislation into operation. If research by the commission is required, that is a matter than can be agreed upon as part of the programme of work carried out by the commission on a yearly basis. Finally, to speak about autonomy generally in the Bill, the Bill as presented here today represents a significant lead forward in promoting and respecting the autonomy of people accessing services under the Bill, particularly when compared to the Mental Health Act 2001. This Bill aligns much more closely with the Assisted Decision-Making (Capacity) Act 2015, and gives a greater voice for people to express will and preferences regarding treatment. I always feel it is really important that the voice and choice of people is heard.

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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