Mental Health Bill 2024: Report and Final Stages
Seanad Éireann — 2026-04-16
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Mary Butler (FF), Waterford

A significant number of the amendments I am introducing on Report Stage relate to transitional provisions. In fact, 26 pages of the Report Stage amendments are either transitional provisions or necessary changes to other enactments, such as the Criminal Law (Insanity) Act 2006. I asked my officials to please give me a paragraph on what transitional provisions mean in plain language in order that we can all understand it.
Transitional provisions are the sections of a Bill that allow for the transition from an existing Act to a new Act that will replace it. In this case, the existing Act is the Mental Health Act 2001 and the new Act will be the Mental Health Act 2026. For example, if the new 2026 Act is commenced on 1 January 2028, then there will be a short period of time when the 2001 Act will need to continue in operation. In order to have both Acts operating at the same time, we need transitional provisions. The transitional provisions allow for a 28-day period after the commencement of the 2026 Act in which all people detained under the 2001 Act must be re-examined by a consultant psychiatrist and either discharged or admitted under the new Act because some may fall outside of the definition between the old Act and the new Act.
It is common practice to include transitional provisions in legislation. Transitional provisions are time-bound and in the case of this Act, they will expire and no longer be affected after 28 days. It is always at this Stage of a Bill, at the latter end of the Bill when we are just getting to Report and Final Stages, that we introduce transitional provisions. We also need to ensure there is a legal basis to continue to detain people and for each person to have his or her detention reviewed when the 2026 Act is commenced because their detention might determine. We spent a huge amount of time talking about involuntary detention and people without capacity. We spent 20 hours discussing various aspects of that. We are getting down to the business end of that now. How does that work when one Act stops and one Act commences? That 28-day window is to allow for everybody in the mental health inpatient approved centres. We have to allow that time for every patient to be either discharged or re-admitted under the new Act. That will take a little bit of time. That is why I am introducing these amendments and asking for Senators' support for that. Whether it is the HSE or a private company that is providing the support of people in inpatient beds, we must remember one thing. The Mental Health Commission will have a huge focus here as well because it has the oversight and governance. That is why I have tabled amendments Nos. 28, 29, 306, 309 to 238, inclusive. It is nearly one quarter of all the amendments I am bringing forward today, but it is the business end of the Bill now at this stage.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-04-16/debate/main
Retrieved: 2026-08-14T04:54:49+00:00
Sitting date: 2026-04-16