Mental Health Services
Dail Éireann — 2026-09-23
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Mary Butler (FF), Waterford

I thank the Deputy for raising this really important issue and for his persistent advocacy in relation to mental health.
The Mental Health Act 2001 sets out the current legal framework for the involuntary admission and treatment of people in inpatient mental health services, known as approved centres, where a person has a mental disorder within the meaning of the Act.
Even though I passed the Mental Health Act earlier this year through the Houses and the President signed it into law, it has not been enacted because there will be a lead-in time of approximately two years. It is very complex legislation and it deals specifically with involuntary detention, especially for those who do not have capacity.
On the thrust of what the Deputy is saying, involuntary admission involves a three-step process. First, an initial application may be made by a family member, a member of An Garda Síochána, an authorised officer in the HSE or another person. We currently have 126 authorised officers around the country but we will be expanding that number considerably because, when the new Act comes into play, a member of An Garda Síochána will not have that authority anymore.
I expect to have approximately 500 authorised officers around the country.
Following the making of an application, the person is examined by a GP or other medical practitioner. Under the Act, if the medical practitioner believes the person has a mental disorder, they will then be referred to an approved centre for examination by a consultant psychiatrist. The consultant psychiatrist must certify that the person has a mental disorder and requires admission before an order to involuntarily admit that person is made.
For a person to have a mental disorder, there must be a likelihood of the person being an immediate and serious risk of harm to themselves or to others or, because of their condition, the person is likely to seriously deteriorate in the community and his or her detention is likely to be of materiel benefit to the person. To be clear, members of An Garda Síochána cannot admit anyone. They can recommend. They can ask for a consultant psychiatrist to look at a person and determine whether they should be voluntarily or involuntarily detained for their own safety.
The following is really important. To deprive someone of their liberty is a serious infringement of that person's human rights and must only be done when it is absolutely necessary and only in accordance with the robust legal safeguards. The decision to involuntarily admit someone under the Mental Health Act is a clinical decision and can only be made by a consultant psychiatrist. Just because a person may benefit from inpatient admission is not sufficient grounds to deprive them of their liberty. A person is entitled to refuse treatment for physical or mental health conditions. Only when a person meets the criteria for involuntary admission can they be admitted and treated without consent.
That said, I fully accept that many people experiencing homelessness and severe mental illness need more support. The answers cannot simply be to broaden the grounds for involuntary admission. We need services that are more responsive, more flexible and better able to meet people where they are, particularly those whose illnesses, housing circumstances and complex needs make it difficult to access or engage with traditional services. Our focus must be on reaching and engaging people earlier, building trust, and ensuring that care is available in ways that work for them before a crisis point is reached.
I have to be clear that a person's housing status does not affect their right to refuse care, provided they have the capacity to make decisions about their own care. That is why we are opening Solace Cafés across the country. We have six open now. Three more are funded this year for Donegal, Mullingar and Kerry, and I hope to open many more next year, if I receive the financial support in the budget.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-09-23/debate/main
Retrieved: 2026-09-28T05:50:49+00:00
Sitting date: 2026-09-23