Government Approval Secured
Minister for Mental Health Mary Butler TD has secured Cabinet approval for more than 300 proposed amendments to the Mental Health Bill 2024, which will now proceed to the Seanad for Committee Stage debate on 2 December 2025. The legislation, containing over 220 sections, is described as person‑centred and designed to safeguard the rights of people with mental health difficulties for decades to come.
Key Amendments
- Children’s Safeguards: Electro‑convulsive therapy (ECT) will be prohibited for those under 18. Courts will be empowered to act as substitute decision‑makers in cases where parental consent cannot be established.
- Capacity and Consent: New provisions will require that treatment for involuntarily detained adults must “materially benefit” their condition, raising the threshold from simply “benefit.” Minimum timeframes for capacity assessments will also be introduced.
- Pharmacological Restraint Oversight: The Mental Health Commission will gain new powers to regulate and monitor the use of pharmacological restraint where individuals pose risks to themselves or others.
- Alignment With Existing Law: Amendments will further integrate the Bill with the Assisted Decision‑Making and Capacity Act 2015, streamlining applications for court‑appointed Decision‑Making Representatives.
Legislative Purpose
The Bill aims to:
- Modernise Ireland’s mental health legislation.
- Improve the experience of those involuntarily admitted to acute mental health settings.
- Strengthen consent provisions, giving patients greater say in treatment decisions.
- Extend statutory regulation to all community mental health services, including CAMHS.
- Establish a dedicated section for children and young people, allowing 16‑ and 17‑year‑olds to consent to treatment on the same basis as physical healthcare.
Minister’s Statement
Minister Butler emphasised the urgency of enactment, calling the Bill a “longstanding priority” for government. She noted that the amendments reflect extensive consultation with stakeholders and departments, balancing individual autonomy with timely access to care.
“It’s vital we enact this legislation to modernise our mental health framework and put in place the necessary safeguards to vindicate the rights of people with mental health difficulties in the decades to come,” Butler said.
Outlook
With Seanad debate set to begin next week, the government is pushing for swift passage of the Bill. If enacted, it will represent the most comprehensive reform of Ireland’s mental health laws in a generation, embedding stronger protections and modern standards across the system.
