If people cannot be admitted involuntarily due to an immediate serious risk of harm to others - we will come back to this; they are at risk of harming themselves and, potentially, others - there is a strong possibility they will end up in the criminal justice system. By ensuring that there is a treatment pathway, which the Senator spoke about, for this small group of people, they can be diverted from the criminal justice system. They can be given the chance to have their disorders treated and the risk of harm they …

Amendments Nos. 50, 52, 118 and 137 seek to include the phrase "to a material extent" in the criteria for involuntary admission and for treatment in the absence of consent. I will similarly move amendments Nos. 51, 117, 186 and 284 to ensure any admission or administration of treatment on the grounds of treatment is expected to materially benefit the person's condition, rather than simply being of benefit to the condition. I introduce this amendment following consultation with the Mental Health Commission and ackno…

Everyone is very welcome here tonight to the beautiful Seanad Éireann Chamber. I have listened intently and believe it or not, we are on the same page. First, I have a track record when it comes to advocacy because I was the Minister of State for older people who started in June 2020 and introduced patient advocacy services across all nursing homes in the country, about 480 of them. When I went into the role, there were many advocacy services in the HSE-run facilities but there were not in the private, which the Se…

Briefly, I will try to answer those questions. There is a statutory right for advocacy in older persons and disability services. There is a statutory right to it. This has been set out in secondary legislation. By putting it into secondary legislation, we will have greater flexibility in setting out the roles and responsibilities of an advocate. For example, advocacy will work differently in mental health because there are tribunals and legal representatives. Secondary legislation allows greater flexibility to teas…

Amendment No. 56, tabled by Senator Boyhan, relates to safeguards for consent to treatment. I introduced a significant number of amendments on Committee Stage in the Dáil to improve the operation of the consent to treatment provisions in the Bill and to strike an appropriate balance between respecting the autonomy of individuals while at the same time ensuring that people have access to treatment when they need it. I considered the interventions on the Bill on Committee and Report Stages in the Dáil and representat…

Did the Senator say her amendment is No. 106?

The amendment does not seem to be included in the grouping.

Perfect. I just wanted to make sure I had the right one.

We are getting into the complicated sections, where there is an involuntary detention of a person who does not have capacity. For example, if that person has already been sedated and is not in a position to have a capacity examination, that is the unintended consequence there. There are consent to treatment provisions in the Bill and I believe they strike the appropriate balance and ensure the necessary safeguards and protections are in place for people deprived of their liberty. That is what we all want, but we al…

These provisions only apply in cases where a person is suspected of lacking capacity. If the clinician does not believe the person lacks capacity, the person must decide whether to accept the proposed treatment. Furthermore, if a person lacks capacity and has a relevant substitute decision-maker in place, that decision-maker can consent to or refuse treatment in his or her place. This is the direct application of the Assisted Decision-Making (Capacity) Act. We have tried to look at every single element in relation …

No.

I move: That Dáil Éireann, pursuant to Standing Order 33, and with effect from 21st January, 2026, approves the Seventh Report of the Standing Committee of Selection, copies of which were laid before Dáil Éireann on 16th January, 2026.

I move: That the Bill be referred to the Select Committee on Health pursuant to Standing Orders 103(2)( b ) and 188(1).

I thank Senator Black for proposing these amendments and for her positive contribution to this process. Amendment No. 73a provides for the notice given to an involuntary admitted person to be given in writing and in a form and language that may reasonably be understood by the person. While I do believe it is similar to the existing section 25(5) I can support this amendment. Is the Senator surprised that I support this amendment?

I reiterate that any information provided to an involuntarily admitted person should be accessible to that person so I will be accepting the amendment. With respect to amendments No. 73b, 104b, 104c, 246a and 247a, I believe that the matters to which they relate are adequately provided for elsewhere in the Bill. What is contained in amendment No. 73b is covered by the exact same wording in section 451(1)(a). I do not believe we need to provide it again. In the context of amendments Nos. 104b and 104c, the provision…

Yes. The one that relates to information being given in writing and in a form and language that may reasonably be understood by the person involved..

One hundred per cent.

Tá fáilte romhat.

In respect to amendment No. 74, as I see the value in providing for information and advocacy supports that are available in a service, I have asked my officials to consider the Senator's amendment and to see how best to apply it to people voluntarily and involuntarily admitted to mental health settings. My officials are currently considering whether it is best that the information and advocacy supports be delivered by the responsible consultant psychiatrist or by the registered proprietor, which in most cases would…

If the Senator could withdraw the amendment now, she has my word on that.