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

The Mental Health Act 2001 contained very little information in relation to restrictive practices for children and for adults. Section 69 simply states at the moment, in relation to seclusion and bodily restraint, that such seclusion or restraint can only be carried out in accordance with rules to be made by the Mental Health Commission. A person who contravenes these rules is liable for conviction, and this applied to both adults and children.
As Senators will be aware, the Mental Health Bill 2024 overhauls our approach to the use of restrictive practices and contains many more legal safeguards and protections for adults and children. There are two separate chapters in Parts 3 and 4 of the Bill. The Bill sets out strict criteria that must be made before a seclusion or restraint can be initiated. In relation to children, and this is extremely important, a seclusion or restraint can only be applied where it is in the best interest of the child, in rare and exceptional circumstances, where there is no safe alternative, where it is the least restrictive practice possible in the circumstances, where it is proportionate to the assessed immediate threat of serious harm, for the shortest duration possible. The Bill details who can order, initiate and apply a seclusion or restraint. The Bill also contains information on record-keeping, notification to the commission and to any nominated person, and a requirement to continue to communicate with the person the subject of the restraint or seclusion. Importantly, any use of seclusion or restraint must comply with regulations made by the Mental Health Commission. The following is really important. Where a person contravenes the provision of the Act or a regulation in relation to a restrictive practice, he or she is liable to be convicted.
Share the Vision includes a recommendation to adopt a zero seclusion and zero restraint approach in mental health services. As I outlined last week, there has been a significant reduction in the usage of seclusion and restraint in mental health services. According to the Mental Health Commission, so these are not my words, Ireland ranks among the lowest in comparable countries for the use of seclusion and restraint.
The use of seclusion and restraint must always be accompanied by very strong legal safeguards, particularly so when it comes to a child. The Bill provides for that. Comparing the contents of the 2001 Act and the contents of this Bill, I think we have really strict criteria now.
When the Bill details who can order, initiate and apply a seclusion or restraint, that goes a long way. When a person contravenes the provision, he or she is liable to be convicted. That is extremely strong. It is an area that we have not discussed much. We are just coming to the latter end of the Bill now. This was a piece that needed to be included. A lot of work has been done on this particular section to make sure that it is right. It is much stronger than what we had previously.

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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