Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-22
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Nessa Cosgrove (LAB), Labour Panel

This need is particularly urgent given that individuals currently have no statutory right to independent advocacy. The 2024 version of this Bill required that an application for decision support be made prior to the initiation of involuntary treatment. It is deeply concerning that the revised text permits a delay of up to 42 days before such an application may be submitted. It is important to highlight that, due to the existing delays in the Circuit Court system, it may take several months before such applications are heard.
Under the current draft of the Bill, during this period a person may be subjected to ongoing involuntary treatment beyond 42 days without any external oversight, apart from a secondary review by another psychiatrist. Crucially, the Mental Health Tribunal or review board is only empowered to examine the legality of involuntary admission, not the treatment decisions made thereafter. As a result, a person lacking capacity could be subjected to prolonged involuntary treatment without any mechanism to ensure that their will and preferences are identified, considered or upheld while they wait for decision supports to be appointed. The decision support application must therefore happen as soon as possible.
While we acknowledge the argument that in ordinary situations psychiatrists may not have immediate capacity to initiate the application before commencing treatment, this does not justify such an extended delay. We, therefore, propose a more balanced and pragmatic approach that the application for decision support should be made as soon as possible and, in any case, no later than three days after involuntary treatment has begun. This timeframe, we think, allows for the immediate management of any emergency circumstances while also ensuring that the necessary procedural safeguards are promptly activated.
It is essential that the legislation includes a clear and enforceable deadline for submitting the application. Vague language, such as "as soon as it practicable", leaves too much room for interpretation, which can then lead to inconsistent practice and undermine the rights of individuals subject to involuntary treatment. A defined cut-off point would provide clarity for practitioners and accountability within the system while still reinforcing the principle that decision-making supports may be integrated into care from the earliest possible stage.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-22/debate/main
Retrieved: 2026-08-14T04:54:32+00:00
Sitting date: 2026-01-22