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

I do. I thank all the Senators for submitting this amendment. Senator Boyhan introduced a similar amendment on Committee Stage and we discussed it at length, we debated it at length and I set out my stall.
Unfortunately, my stall has not changed, not because I do not agree with where we are coming from - and I think we will eventually come to that stage - but because the first thing is for the conventions to be adapted into national legislation, and to do so this would have to be a whole-of-government approach. As discussed, the House will be aware that the articles of the UNCRC are wide-ranging and cover several areas, including health, housing, social security, education, leisure and play, child protection and welfare, criminal justice and international protection, as well as access to information and participation in decision-making. As we all know, Ireland ratified this convention in 1992 and its compliance with the convention is reviewed regularly by the UN Committee on the Rights of the Child.
Ireland's most recent periodic review was held in 2022 and the concluding observations were published in 2023. We will continue to be held accountable by the committee for compliance with the convention through these periodic reviews.
The Bill provides a balanced approach to the provision of mental health treatments, enshrining the best interests of the child as the primary consideration in all decisions. The Bill, and the performance of the State in general regarding compliance with the convention, is compliant with the convention and is subject to scrutiny by the relevant committee. The amendment would not add to this.
As we all know, we signed up to the UNCRPD and we will come to a stage where this will be enshrined across all legislation. There are different viewpoints on what compliance means. These amendments do not state who is responsible for assessing compliance and what the consequences are if the Bill is suspected as being non-compliant. For that reason, the amendments are vague in that respect. I understand exactly where the Senators are coming from. I do not disagree with them in that respect. I hope we come to a stage where we will see a whole-of-government approach to all legislation. The Senators have seen how long it has taken me to get this Bill to where it is today. I started the process in September 2024 in the Dáil, and now I am in the Seanad in April 2026. I cannot talk enough about the importance of getting this Bill concluded in two weeks in the Dáil so we can start to immediately implement this Bill.
I cannot wait to have oversight of CAMHS. I cannot wait to have the oversight, for example, of those living in our communities. I am looking forward to when 16-year-olds can make decisions about their own health. I am looking forward to a situation where An Garda Síochána will not have to be involved in the involuntary detention of a person. I am looking forward to the human rights element of the Bill. The Bill is hugely important and for those reasons, and those reasons alone, I will not accept these amendments but I understand 100% where everybody is coming from. We are all on the same page and we will get to a stage, but can Senators imagine what would be involved now in trying to rewrite the entire Bill? The Bill cannot take on every Act in the country. I have to get the Bill passed because for those who have enduring mental health conditions, those who are suffering with anxiety, depression or who might be bipolar, for example, or those who have clinical depression, are self-harming, have an eating disorder or those with a dual diagnosis, we have to ensure this Bill is in place. There are really good parts of this Bill that will make such a difference to so many people and I just have to get it done now. For that reason, and for those reasons I have set out, I will not be able to accept the Senator's amendments

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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