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

I move amendment No. 140:
In page 65, lines 25 and 26, to delete all words from and including “Where” on line 25, down to and including line 26 and substitute the following:
“Involuntary treatment cannot be administered to an involuntarily admitted person in cases where the person—“.
I tabled these amendments because they would make clear that the High Court has no authority to order the involuntary treatment of an individual against the will and preference of a person who has capacity, or against wishes clearly outlined in the relevant advanced healthcare directive. Explicitly empowering the High Court to override the refusal of a person who has capacity or a valid AHD is incompatible with human rights standards, such as the CRPD, and the approach in the Assisted Decision-Making (Capacity) Act. The court should not be empowered to override the clearly stated will and preferences of a person with capacity or a valid AHD. The CRPD makes it clear that people with disabilities have the same right as anyone else to make decisions about their own lives, including their healthcare. The assisted decision-making Act supports this by stating people with capacity can make their own choices, even if others think those choices are unwise.
Allowing a court to override these decisions sends the wrong message. It suggests that even for someone who is capable, and we are talking about people who have capacity to make their own decisions, their choices can be ignored. This risks bringing back a paternalistic system where professionals or judges decide what is best rather than representing the person's own voice. There is also a danger that it will undermine the system. If people know that their AHDs or treatment approvals might be overruled, they might then be less likely to use these tools, even if they are meant to protect their rights and give them more controls. We have said that the courts are there to protect people's rights, not to override them. We are pressing again to ensure this is a rights-based and person-centred system and that Ireland is committed to both national law and international human rights standards.

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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