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

I will speak to the section, just for the record. It is essential that there is an independent review mechanism for cases in which a person deemed to lack capacity and without access to decision supports is subjected to involuntary treatment beyond the treatment window, be that 21 days or 42 days. This safeguard is particularly critical in light of the absence of the statutory right to independent advocacy and the lack of an independent complaints mechanism within mental health services. Crucially, the mental health tribunal or review board is limited in this remit. It is empowered to assess the legality of the initial involuntary admission but not the treatment decisions that follow. This creates a significant accountability gap in practice due to lengthy delays in the Circuit Court system. Individuals who lack capacity may be subjected to prolonged involuntary treatment without any independent oversight of whether their will and preferences are being identified, respected or upheld during this period. This could be concerning from a human rights perspective.
It should be noted that section 50 currently allows for those lacking capacity, without access to decision supports, to be treated well beyond the treatment window pending a Circuit Court decision relating to decision supports. During this period, the only safeguard in place is a three-monthly review by a second consultant psychiatrist. This arrangement is wholly inadequate and falls far short of what is required under international human rights standards. The absence of timely independent oversight means that individuals may be subject to prolonged coercive treatment without any meaningful mechanism to challenge or review the necessity, proportionality or appropriateness of that treatment. The reliance on a second consultant psychiatrist without any requirement for independent legal or rights-based scrutiny does not constitute a sufficient safeguard.
While clinical reviews are important, they are not a substitute for external rights-based oversight. They do not guarantee that the individual's will and preferences are being identified, respected or upheld, nor do they provide a forum for the person to be heard or represented. Moreover, the delays commonly experienced in the Circuit Court system exacerbate this problem. In practice, individuals may remain under involuntary treatment for extended periods without access to decision supports, legal representation or independent advocacy. This creates a legal and ethical vacuum where some of the most vulnerable individuals in the mental health system are left without adequate protection or recourse. This situation is not only out of step with Ireland's obligations under the CRPD; it also undermines the principles of autonomy, dignity and least restrictive care that should underpin all mental health legislation.
Given the gravity of involuntary treatment involving coercive interventions that can significantly impact on a person's rights and well-being, it is imperative there is a timely external review of such decisions, particularly when decision supports have not yet been appointed. Ideally, this function would be supported by a statutory independent advocacy service, as we mentioned, or a dedicated complaints mechanism, both of which are urgently needed and would probably be more appropriate than a High Court case. However, in the absence of these critical protections, a High Court review has to be available as a backstop to ensure that individuals are not left without recourse or representation in such vulnerable circumstances. At the end of the day, it is just a matter of basic human rights, dignity and justice.

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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