Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-22
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Frances Black (IND), Industrial and Commercial Panel

I thank the Minister of State for her constructive engagement on the Bill. I appreciate it and I hope it continues during this session. I hope we can find further places of alignment.
The amendment seeks, if an involuntary admission order is revoked prior to a review board tribunal hearing date, to have that hearing automatically go ahead unless the person explicitly opts out. The fact that a person was detained under mental health legislation remains a serious matter and proceeding with the hearing would ensure that the lawfulness, necessity and proportionality of the detention were still subject to independent review. This is essential for upholding the principle that deprivation of liberty must always be justified and scrutinised, regardless of whether it is ongoing at the time of review.
According to the Mental Health Commission's annual report for 2024, there were 1,880 involuntary admission orders, of which 52% were revoked before a tribunal hearing took place. Of these 1,880 cases, only 26 hearings went ahead at the written request of the person. In its audit of approved centres, the Mental Health Commission noted that a significant number of issues were raised about involuntary admission orders being revoked on the day a hearing was due to take place, including several at the time the hearing was due to commence. This is very concerning. Without an automatic review mechanism, more than half of all detentions escape independent scrutiny. This raises serious concerns about transparency, accountability and the protection of individual rights.
This is about protecting rights without burdening the individual. This approach removes the procedural burden from individuals who may still be recovering or who may lack the support or awareness to be able to act within a strict 14-day window. I have real concerns that it is overly burdensome to expect a person who has just been through the trauma of the involuntary detention process to make contact in writing to organise their hearing. This may be why the numbers are so low. It is also important to bear in mind that many people who have had their involuntary status revoked remain in hospital on a voluntary basis. We can all understand how difficult it would be for people to contact the commission in writing to organise a tribunal while they are still in hospital.
Reviews following revocation can reveal whether the original detention was appropriate. They are also helpful to identify patterns of overuse or misuse and contribute to broader service improvement. They also align with rights-based principles. A default review mechanism respects the principle that coercive powers must also be subject to independent scrutiny even if the person is no longer detained. It supports vulnerable groups. Automatic reviews particularly benefit those with limited literacy or language barriers and those without access to advocacy groups, who are most likely to fall through the cracks under an opt-in model. Will the Minister of State accept amendment No. 104a?

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Retrieved: 2026-08-14T04:54:32+00:00
Sitting date: 2026-01-22