Mental Health Bill 2024: From the Seanad
Dail Éireann — 2026-04-29
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Mary Butler (FF), Waterford

These amendments relate generally to the involuntary admission process for adults. Many of the amendments in this grouping are smaller in nature. For example, Seanad amendment No. 12 inserts the term "for involuntary admission" after the word "recommendation" on line 3 of page 16. Similarly, Seanad amendment No. 54 provides for the deletion of a definition in section 11, and Seanad amendment No. 10 provides for the insertion of the same definition in section 2.
To pick out some of the amendments of significance, Seanad amendment No. 57 amends the criteria for involuntary admission to ensure that the condition of any involuntarily admitted person must be likely to "materially benefit" from the admission, rather than just "benefit". This amendment was introduced following further consultation with stakeholders in the context that the criteria for admission as passed by the Dáil needed to be increased somewhat. I am satisfied that, with this amendment, the criteria for involuntary admission are robust and person-centred. This amendment was also mirrored in the criteria for admission for children.
Seanad amendment No. 106 removes the lower limit of 14 days within which a review board must review an order for detaining a person. I brought forward this amendment in the Seanad following consultation with stakeholders. Under the new Act, 21 days after an order is made will be the upper limit in which a review board must meet. The Minister will be able to prescribe a shorter period by way of regulation, so the period can be reduced over time from 21 days to 14 days or even lower.
Seanad amendment No. 148 introduces an additional safeguard in relation to the carrying out of capacity assessments for adults. The amendment requires that regular capacity assessments are carried out when a person has been assessed as lacking capacity. The amendment introduces an upper limit of every 14 days for the carrying out of capacity assessments. A further safeguard is introduced in Seanad amendment No. 156, which will ensure that, where treatment is administered to a person while the capacity assessment process is ongoing, the assessments must be completed within 72 hours.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-04-29/debate/main
Retrieved: 2026-09-21T01:01:08+00:00
Sitting date: 2026-04-29