Mental health Bill ‘fails to address’ key human rights issues, committee told

A proposed Bill on mental health reform “disappoints” and “fails to address key human rights issues”, TDs and Senators have been told.

The Oireachtas sub-committee on mental health met on Tuesday to continue its pre-legislative scrutiny of the general scheme of the Mental Health (Amendment) Bill 2021, which seeks to amend the 2001 Act.

Dr Charles O'Mahony, senior lecturer at the school of law in NUI Galway, raised four concerns with the proposed legislation including issues around mental health tribunals and the provision of services for those in the criminal justice system.

He also said there are concerns that the introduction of an “intermediate category” for those who do not meet criteria for involuntary admission could “widen the net of coercion”. He added that the lack of provision of a direct complaints mechanism is a “major deficit” with the 2001 Act and the proposed Bill.

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"We need a revolution in terms of mental health policy in Ireland to comply with our obligations under the UN Convention of rights of persons with disabilities. The Bill produced by the Department of Health does not represent the required revolution. It is modest and unambitious," he said.

“The review of the 2001 Act has been a very long process marked by delayed deferral and culminating ultimately in a Bill that disappoints and fails to address many of the key human rights issues.”

Capacity to make decisions

On the issue of coercion, Dr Fiona Morrissey, disability law researcher and adjunct lecturer at the centre for disability, law and policy at NUIG, said there is a need to "move away" from the old system to a "human rights approach".

“We need to challenge the fundamental assumptions we have about people with mental health issues and their capacity to make decisions. There is no evidence to suggest that coercion works so why are we still using it?” she said.

“The Bill in its current format still deprives people of their capacity to make decisions from themselves.”

Jennifer Hough, sister of the late Valerie, who died by suicide in January 2020, criticised the tendency to prescribe medication for people with mental health issues.

“She deserved so much more. Her life and her potential and opportunities were seriously hampered by a label of bipolar and this medication for life mantra and the coercive nature of our mental health system,” she said.