Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-29
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Mary Butler (FF), Waterford

Amendments Nos. 374 to 383, inclusive, have been grouped. These amendments are placed in Parts 8 and 9 of the Bill and relate exclusively to references to the Mental Health Act in other enactments. As the Mental Health Act 2001 will be repealed in due course with the full commencement of this enactment, it was necessary to ensure that all references to the Mental Health Act are updated.
One of the key amendments in this grouping is amendment No. 374. This amendment allows a registered proprietor of a registered acute mental health centre to make a direct application to the Circuit Court for the purposes of applying for a substitute decision-maker of an involuntarily admitted person lacking capacity. We spoke about this yesterday. Where a person did not have a family member or decision-maker, no one at all was available to them. This is just to allow for a substitute decision-maker to be provided by the court. This amendment will mean that only one court appearance and application is required, reducing the cost and administrative burden and speeding up how quickly applications are heard by the court. Previously, where someone turned up for court, they might not have someone there for support and would have to come back another day. This is to try to tidy up different things.
As this is the final grouping, I flag that I will move a number of amendments on Report Stage, as discussed. We spoke about the term "other place" yesterday. Senator Ryan may remember. Amendment No. 267 inserts a new section to provide for the transfer of a child who has been admitted involuntarily to a hospital or other place. The wording of this amendment tracks with the wording in section 37 of the Bill, which relates to adults. It also tracks with the existing wording of section 22 of the Mental Health Act 2001. There have never been unintended consequences relating to section 22 in the 20 years of operation of the 2001 Act.
This morning, my officials consulted Dr. Amir Niazi, chief clinical lead for mental health for young people in the HSE, about the wording. Dr. Niazi confirmed that this section is only ever used sparingly to transfer a person who has a medical need that cannot be met in the approved centre, for example if they had a medical challenge at the same time, such as a broken leg. That person would have to be transferred. This includes transfers to the emergency department, for example if someone was having a heart attack or other emergency medical issue. That is extreme, but it is what I mean. It might also include the transfer of people to a health facility or clinic other than a hospital for treatment such as a day service or for a co-morbidity such as addiction or intellectual disability. Another example is if an adult was on dialysis. That is what is covered.
The transfer legally must always be for the purpose of treatment. There is no other reason a person may be transferred to another hospital or place. Furthermore, the person legally must be immediately transferred back to the approved centre when the treatment finishes. This provision has not been and cannot be used to transfer people out of the country. It is simply not possible to do that.
I was glad to get the clarification. I was thinking about it yesterday evening. We got that clarification this morning and I wanted to put it on the record because it is important. I thank Senator Ryan for raising it.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-29/debate/main
Retrieved: 2026-08-14T04:54:34+00:00
Sitting date: 2026-01-29