Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-28
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Victor Boyhan (IND), Agricultural Panel

I will follow on from that and talk about amendment No. 267, which is also in this grouping and is the request for the application of the transfer of a child. Amendment No. 267 is a Government amendment. I think there may be a case here for the Minister of State to consider. There is some ambiguity about the approved centre and another place. It sounds like a terrible Walt Disney thing; another place, another story.
We may have put our finger on something here, and it is about improving legislation. Maybe there is potential for strengthening safeguards around this area. This is, after all, primary legislation we are talking about. We want to put in place a robust new Mental Health Act that has time and will withstand many challenges but will put in place strong safeguards.
Again, I reference the Minister of State's amendment No. 267, which concerns a request for an application for transfer of a child and reads "a request may be made to the clinical director of the registered acute mental health centre for the transfer of an involuntarily admitted child detained in that centre to another acute mental health centre". I hear what the Minister of State is saying, that it will never be outside the State, but perhaps we could strengthen the legislation. Could we look at saying under no circumstances - let us be clear about it - will it be provided for a child, particularly involuntarily? I understand people can opt for care for other services, but in relation to this, this is Mental Health Bill. We are not talking about the National Treatment Purchase Fund or cross-border dental treatment or other interventions where you nominate to or seek a referral to by choice. In light of all the sensitivities and about one's current state of mind and who is recommending the options or care plans, it would be of comfort if the Minister of State might at least take it away, consider it and come back with some amendment or change to strengthen the legislation to put safeguarding in place. People move and Ministers come and go with the best will and intention. I do not have the wherewithal, but between the Minister of State, the Parliamentary Counsel and her legal advisers, I respectfully suggest that she take it away and ask how we could strengthen this so that there would be no situation of a child being treated outside the State, particularly involuntarily. The Minister of State has said herself she does not want unintended consequences. We are not lawyers in here but I think that would give comfort and is what people would be concerned about. I ask her to consider the matter.

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Retrieved: 2026-08-14T04:54:33+00:00
Sitting date: 2026-01-28