Mental Health Bill bypassing health committee ‘sets a dangerous precedent’, says chair

Minister for Mental Health says she wants to ensure Bill is enacted by end of year

Minister for Mental Health Mary Butler. Photograp: 1IMAGE/Bryan Brophy
Minister for Mental Health Mary Butler. Photograp: 1IMAGE/Bryan Brophy

Bringing the Mental Health Bill straight to the Dáil and bypassing the Oireachtas health committee is “not in line with best practice” and “sets a dangerous precedent for the rest of this term”, its chairman has said.

Last week, Minister for Mental Health Mary Butler secured Cabinet approval of the Government’s committee-stage amendments to the bill, which will significantly overhaul the State’s mental health laws.

A spokesman for the Minister said “given the already busy agenda” of the Health Committee, she decided to bring the Bill to the floor of the Dáil “where every Deputy will have the opportunity to speak on the committee-stage amendments to the Bill”.

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Pádraig Rice, chairman of the health committee, wrote to the Minister on Thursday criticising this decision.

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Mr Rice, the Social Democrats’ spokesman on health, said the committee had agreed to undertake extra sessions each week to progress the Bill.

“It is therefore with disappointment, and some frustration, that we learned [on Wednesday] of your plans to bypass the joint committee and bring the Bill straight to the Dáil,” his letter said.

“This Bill is of significant importance and deserves due consideration. Taking this Bill and the hundreds of amendments that are being proposed and expected in the Dáil is not in line with best practice, does the issue a disservice and sets a dangerous precedent for the rest of this term.”

Mr Rice said following his appointment as chair, he expressed an intention to “work in a spirit of co-operation and partnership with Government and opposition alike”.

“I would appreciate if a similar approach was reciprocated,” he added, requesting the Minister to reconsider her decision.

A spokesman for the Minister said she is “determined to ensure the Mental Health Bill progresses to enactment before the end of the year”.

“The Bill has been in development for many years, and received support from all sides of the house at second stage last autumn.

“This is far from unprecedented, and many bills have been taken through committee stage on the floor of the House. As Chief Whip, the Minister will ensure the Bill is afforded ample time on the Dáil schedule to allow all of the amendments to be debated fully,” the spokesman said.

If enacted, the new mental health bill will regulate the Child and Adolescent Mental Health Services (Camhs) and other community services for the first time.

It will also allow 16- and 17-year-olds the right to consent to mental healthcare as they already can for physical health.

Under amendments brought to Cabinet this week, an individual who is involuntarily admitted to an acute psychiatric unit can be detained for up to 42 days, an increase on the 21 days previously proposed under the bill.

Shauna Bowers

Shauna Bowers

Shauna Bowers is Health Correspondent of The Irish Times