Landmark legislation to update Ireland’s mental health laws to progress as Minister Butler receives Cabinet approval for Committee Stage amendments
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From: Department of Health
- Published on: 27 May 2025
- Last updated on: 27 May 2025
- Government to submit 241 amendments to Mental Health Bill 2024 to Oireachtas
- enactment of Bill is a government priority
- the Bill, which contains 202 sections, is person-centred and will protect the rights of people with mental health difficulties in the decades ahead
Minister for Mental Health Mary Butler today secured Cabinet approval of government amendments to the Mental Health Bill 2024. The government will seek to move the amendments at Committee Stage in Dáil Éireann in the coming weeks.
Minister Butler has also written to the Mental Health Commission to request the Commission begin the development of new standards for Child and Adolescent Mental Health Services (CAMHS) in advance of the commencement of the legislation.
Minister Butler looks forward to positive debate from all sides on the amendments and the continued progress of the Bill as a priority through the Houses of the Oireachtas.
Speaking after Cabinet, Minister Butler said:
"The Mental Health Bill 2024 is a landmark piece of legislation to update and modernise our mental health laws. I published the Bill in July last year and introduced it to Dáil Éireann. I was very happy to restore the Bill to the order paper, as one of my first acts as Chief Whip, in February this year.
"I'm pleased to now have secured the approval of my Cabinet colleagues of government amendments to the Mental Health Bill, and to progress this legislation in the coming weeks. The Committee stage debate will ensure this vitally important Bill is as robust as possible and I am determined to progress this legislation as soon as possible.
"The enactment of this Bill has been a longstanding priority for me and for the government and I look forward to working with colleagues in the Dáil and Seanad to progress towards enactment."
Since publication of the Bill, Minister Butler and Department of Health officials have continued to consult extensively with a range of stakeholders about the Bill. Many of the 241 Government Committee Stage amendments relate to technical amendments, while others seek to address the concerns of stakeholder groups.
The most significant amendments relate to provisions in the Bill for the small proportion of adults who are involuntarily admitted to an acute mental health unit and lack capacity to consent to treatment.
The Bill as published permits treatment for involuntarily admitted people who lack capacity and do not have a substitute decision arrangement in place without the need for a determination by the Circuit Court for a period of up to 21 days, or while awaiting a determination of the Court, if they are a risk to themselves or others.
The proposed amendments will extend the permissible treatment period for a further 21 days (up to a maximum of 42) where it is approved by a second consultant psychiatrist, or while awaiting the appointment of a substitute decision-making arrangement by a Court, provided the person continues to meet the criteria for involuntary admission and continues to lack capacity.
The amendments also propose to broaden the criteria for the administration of treatment during such periods beyond risk to self and others to include criteria based on the need for treatment.
The Bill will also benefit all people who access a wide range of mental health services by introducing, for the first time, a comprehensive system of registration and regulation of community mental health services, including all community CAMHS.
Minister Butler concluded:
"The Programme for Government commits us to enacting this legislation to modernise mental health services for those who need them, and to put in place the necessary safeguards to ensure the rights of people with mental health difficulties are protected in the decades to come.
"The amendments seek to strike an appropriate balance between respecting the autonomy of the individual while ensuring timely access to care and treatment where necessary.
"I am confident the amendments will make the Bill stronger, make it easier to implement, and better protect and vindicate the rights of people accessing treatment."
Notes
The Mental Health Bill is a forward-thinking, person-centred piece of legislation which is the result of years of drafting, research, and consultation with a wide variety of stakeholders, including people with lived experience of mental health services and their loved ones.
The new Bill will provide for, among other things:
- an updated involuntary admission and detention process for people with severe mental health difficulties, including a revised set of criteria for admission
- an overhauled approach to consent to treatment for involuntarily admitted people
- an expansion of the Mental Health Commission’s regulatory function to include all community mental health residences and services, including all community Child and Adolescent Mental Health Services (CAMHS)
- closer alignment with the principles of the Assisted Decision-Making (Capacity) Acts 2015 and 2022, ensuring that people have more of a say in decisions about their treatment
- stronger safeguards for people accessing inpatient treatment
- the care and treatment of children and young people, including provisions to allow 16- and 17-year-olds to consent to or refuse mental health treatment