Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-28
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Mary Butler (FF), Waterford

I will speak to amendments Nos. 303 to 306 inclusive and 309, which have been grouped together and relate to restrictive practices on children.
Amendment No. 303 inserts explicit reference to including the "best interests and the welfare of the child" as the primary consideration - we would have spoken about this earlier, Senator Boyhan - along with the guiding principles for children in section 10, in any regulations made by the Mental Health Commission for the application of a restrictive practice for a child in a registered acute mental health centre.
Amendment No. 304 replaces section 90(1), separating it out into two subsections to provide clarity in relation to the notification of the use of a restrictive practice. It is tightening up what we have already discussed.
Amendment No. 305 deletes section 90(3), as this is now included in new section 91 in relation to the role of parents, guardians and Tusla, where appropriate, on the use of restrictive practices.
Amendment No. 306 replaces an incorrect subsection reference.
Amendment No. 309 inserts a new section 91 that provides for the will and preferences of the child - we will have discussed this earlier on - to be taken into account in relation to the use of restrictive practices on children, and that the child and their nominated person, parent, guardian or Tusla, where appropriate, are informed of its use and a record of the child’s views recorded in their medical records and care plan. This provides an additional safeguard where a restrictive practice is being used.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-28/debate/main
Retrieved: 2026-08-14T04:54:33+00:00
Sitting date: 2026-01-28