Draft Heads of a bill to amend the Mental Health Act 2001

The draft heads of bill to amend the Mental Health Act were approved by Government on 13 July 2021. The draft heads of bill are primarily based on the 165 recommendations of a 2015 Expert Group Review of the Act, as well as the results of a 2021 public consultation, extensive consultation with key stakeholders such as the Mental Health Commission and HSE, and in light of domestic legislative changes in Ireland, including the Assisted Decision-Making (Capacity) Act 2015 and the Mental Health (Amendment) Act 2018, and Ireland’s international obligations, including the UN Convention on the Rights of Persons with Disabilities, the UN Convention on the Rights of the Child and European Convention on Human Rights.

The Department of Health will work with the Office of the Attorney General to prepare a Bill in line with the draft heads of bill. The draft heads of bill have been sent to the Joint Oireachtas Committee on Health, which will carry out pre-legislative scrutiny of the draft heads of bill.