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

I will speak briefly. I am introducing an amendment to replace sections 74 and 75 with a new section 74. This amendment is being introduced to address operational concerns raised about some key stakeholders. The new section 74 recognises the distinct important roles of the Garda, the HSE and Tusla. Depending on the circumstances of the child, one of these three bodies will be responsible for taking charge of the child and the new section 74 recognises the different functions of each.
It is an extremely rare event where a Garda must take a child into custody due to a suspected mental disorder, but it does happen on occasion. This section is being introduced to address concerns that the legal basis for taking a child into custody because of a mental disorder is not crystal clear. The reality is that there needs to be a legal basis for a Garda to take a child into custody where the child is immediate and serious risk of harm and to ensure there are pathways for that child to be examined and receive treatment. This amendment addresses operational concerns raised by other Departments and the HSE and ensures there are safeguards and protections for children and young people if they are taken into custody.

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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