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

I warmly thank the Minister of State for accepting my amendment. It is fantastic that she has proposed the removal of this provision in line with my amendment. It is so important to remove the provision allowing a psychiatrist to administer involuntary treatment for up to 72 hours to individuals who either have decision-making capacity or an advance healthcare directive refusing treatment, pending a High Court review. This provision poses a serious risk to individual rights. Administering mind-altering treatment before a judicial review could undermine a person's ability to participate meaningfully in legal proceedings, potentially impairing his or her capacity to communicate his or her will and preferences or challenge the intervention. This practice would have placed us at odds with the principles of autonomy, due process and respect for legal capacity, as enshrined in the Assisted Decision-Making (Capacity) Act and international human rights standards, including the United Nations Convention on the Rights of Persons with Disabilities. I thank the Minister of State and commend her sincerely on taking my amendment.

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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