IHCA calls for key amendments to Mental Health Bill

The IHCA has launched its position paper outlining concerns and a number of strategic considerations in relation to key elements of the recently published Mental Health Bill 2024.

The IHCA “strongly supports” the Minister of State for Mental Health and Older People, Mary Butler, in reforming mental health legislation. The IHCA engaged with the previous Joint Committee on Mental Health, providing a detailed submission to the pre-legislative scrutiny of the General Scheme of the Bill.

While many of the Association’s contributions are reflected in the published draft Bill, the IHCA believes that several critical amendments and considerations are needed in order to ensure effective and timely care to those who need it most, who can be among the most vulnerable people in society.

Launching the position paper, IHCA Vice-President and Consultant Psychiatrist Prof Anne Doherty said: “While we welcome the broad principles of the Mental Health Bill, we, as an Association, have some concerns in relation to ensuring that legislation is workable in practice so that patients can access services in a timely and care-focused manner.”

“We are keen to see these elements within the Bill addressed as a priority to mitigate against impractical legislation which may only serve to create barriers to treatment and result in an overdependence on the intervention of the State for patient care. We are concerned that if left unchecked, the legislation will undermine the patient’s Right to Treatment in a timely and care-oriented manner.

Overall, the IHCA remains “committed to constructive engagement” with the Department of Health and Minister Butler on legislation that can transform psychiatric care in Ireland, bringing it in line with international best practice.

 “We commend the efforts of the Department of Health to enact positive change in this extraordinarily difficult area of health policy and are keen to see a sustainable framework implemented that avoids delays in treatment and excessive legal burdens and costs being placed on patients within the context of parallel legal processes. Consultant Psychiatrists will accordingly need to allocate additional time to dealing with legal and procedural processes, rather than providing urgent care to patients in an already strained system.

 “The IHCA also acknowledges and supports the principles in the draft Bill in relation to admission of Children to an Approved Centre as outlined in Section 60, however, there will be considerable resource implications given existing staff shortages in Child and Adolescent Mental Health Services that requires immediate address.

“Finally, it is also the view of the Association that the form, timing and content of Care Plans should not be legally prescribed, as these elements need to be negotiated between the clinician and the patient in a co-produced manner for optimum treatment and care pathways.”

The IHCA Psychiatry Symposium is taking place today (Wednesday 16 April).