THE LONG AWAITED overhaul of Ireland’s mental health laws has been pushed out yet again, despite promises by government ministers that the legislation would progress before the summer. 

As previously reported by The Journal, Fiona Coyle, CEO of Mental Health Reform, said the protracted delay in publishing the Mental Health Amendment Bill is “completely unacceptable”, adding that the Government has been drafting the legislation “since 2016″.

The legislation will update the Mental Health Act 2001. The new bill would bring about the largest overhaul of the State’s mental health laws in decades.

It is close to ten years since an expert group tasked with reviewing the Mental Health Act 2001 recommended 165 changes to the law.

The Heads of the Mental Health Bill, outlining what will be in the legislation, were published in July 2021 and pre-legislative scrutiny was completed in May 2022.

In February, Public Expenditure Minister Paschal Donohoe said the government would bring forward the bill in the summer legislative session. 

The proposed legislation would strengthen regulation around people consenting to the type of treatment they receive.

It will also regulate CAMHS, which is vital, as the majority of mental health services in Ireland currently fall outside the scope of regulation set out under the 2001 Act.

A government spokesperson confirmed the further delays to the progression of the legislation, stating that the it is hoped that the bill will be enacted in Q3 of this year.

As a result, Health Minister Stephen Donnelly having to seek government to approval for one amendment to the Mental Health Act 2001 today.

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Cabinet approval was sought today to change the term of Mental Health Tribunal (MHT) panel members from 3 years to 5 years.

This amendment will be legislated for at Report Stage in the Health (Miscellaneous Provision) (No. 2) Bill, currently being debated in the Dáil, which aims to enhance the regulatory framework for nursing homes.

The change to the term of Mental Health Tribunal (MHT) panel members from 3 years to 5 years was due to be included in the upcoming Mental Health Bill.