They absolutely have to inform the family. I am looking at the amendment. They have to tell the family because they have to be able to discuss the treatment of the child with the parents. It is important to balance the debate because, while we are discussing restrictive practices, Sharing the Vision includes a recommendation to adopt a zero-seclusion, zero-restraint approach in mental health services and there has been a significant reduction in the usage of seclusion and restraint in mental health services. Accord…

That is general information on admittance. It is not to say that it is being used but------

On admittance. It is general information that is provided.

I reassure the Deputy this is the first time that pharmacological restraint will be regulated. It was not regulated in the 2001 Act. The regulation will be drafted by the Mental Health Commission, who are the right people to do this. I understand the concerns Mental Health Reform might have raised but at the same time we have to have a workable Bill. We have to have a situation where it is led by the Mental Health Commission and all those working in healthcare will be subject to regulation by that commission.

There was extensive debate on the topic of advocacy on Committee Stage over a number of amendments and hours. Following those debates, as well as an amendment tabled by Senator Black, I introduced several amendments on Report Stage in the Seanad in relation to information on advocacy supports. These amendments will ensure that any person admitted under the new Act will be given information in relation to any available advocacy supports. This will apply to both children and adults, ensuring that information on advoc…

I think there is a lot of confusion here. To be honest, there has been a lot of briefing against the patient advocacy services that are being provided. It is important to put this on the record of the Dáil. The patient advocacy service is an independent, free and confidential service which can provide support to people who wish to make a complaint about the care they or a family member has received in a public acute hospital or in a public or private nursing home. It also provides support in the aftermath of a pati…

These amendments delete subsection (c) in the definition of "relevant health professionals", which referred to "a registrant" within the meaning of section 3 of the Health and Social Care Professionals Act 2005. Following the Seanad Committee Stage debates, the Mental Health Commission wrote to me regarding this definition. The commission is responsible for drafting all of the rules in relation to the use of restrictive practices, as part of its regulatory function. The commission recently revised its rules in 2023…

These amendments relate to the Family Courts Act 2024 and will align court proceedings for children in a mental health context with court proceedings for children in a child protection and a family law context. There are consequential amendments to change references from the Circuit Court to the Family Circuit Court and the High Court to the Family High Court. The alignment with the family courts system is a positive step for all children the subject of court proceedings because the family court is child-friendly a…

That is noted. We are co-operating with the Departments of justice and children in regard to this Bill.

These amendments relate to transitional provisions, so we are getting to the business part of the Bill. These are the sections of a Bill that allow for the transition from an existing Act to a new Act that will replace it. In this case, the existing Act is the Mental Health Act 2001 and the new Act is the Mental Health Act 2026. For example, if the new 2026 Act is commenced on 1 January 2028 - I use that to explain it - there will be a short period of time where the 2001 Act will need to continue in operation. In o…

I agree with the Deputy 100% and, to be fair, in one situation when we moved the Central Mental Hospital from Dundrum to where it is located now, which is Portrane, the HSE spent a lot of time making sure it got that right. A lot of planning will have to be put in place when the transition from one Bill to another happens. I will be meeting the new chief executive of the HSE next week to discuss that and I have already discussed it with the Secretary General of the Department of Health. This will be a hugely import…

Amendment No. 52 is being introduced for the avoidance of doubt to state plainly that young people over the age of 16 shall be presumed to have the capacity to make decisions about their care and treatment, unless shown otherwise. Where a young person has capacity, the views of their parents are to be recorded but cannot supersede the views of the young person.

These amendments correct cross-references following amendments to the Bill on Committee and Report Stages in the Seanad.

These amendments are minor wording changes adding "responsible" in front of "consultant psychiatrist" in some instances. These amendments are to ensure consistency in language across the Bill.

These are technical amendments to replace the word "record" with "records" where it occurs throughout the Bill.

This grouping relates generally to children aged 16 or 17 who have been assessed as lacking capacity under the Bill. This is not a new policy but instead places the provision in a more appropriate section. It provides that where a capacity assessment is being carried out on a child, it is done as soon as practicable, regularly to meet the individual child’s needs, but not less than once every 14 days. This an important safeguard to ensure that the capacity of young people aged 16 and 17 is assessed frequently.

The two amendments in this grouping do not represent a significant change in policy from the Bill, as passed by the Dáil, but have been included to clarify what should happen for voluntarily admitted children who are in the care of Tusla. Amendment No. 203 provides for children who are in the care system to be admitted for inpatient mental health treatment on a voluntary basis, with the consent of Tusla, where it is in the best interests of the child. This admission is done by way of application to the Family Distr…

These amendments both relate to legal representatives assigned for the provision of legal aid. Amendment No. 438 removes subsection 196 (7) which is not required now as the definition in section 2 requires the legal representative to be a practising barrister or solicitor. Amendment No. 439 sets out that the legal representative assigned must provide information to the commission, where requested, to ensure that the work carried out is "of a sufficiently high standard". This will ensure that the commission can moni…

These amendments all relate to the Criminal Law (Insanity) Act 2006 and were introduced following extensive consultation between my Department and the Department of justice as well as consultation between both Departments and the Attorney General’s Office. The Department of justice is the Department with policy responsibility for this Act, so it was important that it supported all amendments. That Department carried out consultation with its own stakeholders, including the Director of Public Prosecutions and the Cr…

I would be confident that nobody will lose a pathway. All of the patients at the time will be patients of an approved centre. The Mental Health Commission will play a role here and the HSE will play a significant role here. Their role will be to ensure that every single person under the new Act has his or her rights vindicated. We will keep a close eye on it.