Update on the Reform of the Mental Health Act 2001

The Mental Health Act 2001 sets out, amongst other things, the process of involuntary detention for people who need inpatient mental health care. It describes the circumstances of how, when and why involuntary detention can happen. It also established:

• the Mental Health Commission to regulate mental health services,
• mental health tribunals which reviews involuntary detention orders,
• the Inspector of Mental Health Services who inspects all approved centres, and
• created different safeguards and protections for people accessing these services, including the right to regular review of a person’s detention by a tribunal.

The review of the 2001 Act has been ongoing for the past number of years and in July 2021 the Government approved the draft Heads of a Mental Health (Amendment) Bill to update the Act in full.

The original public consultation that was the foundation of the 165 recommendations of the Expert Group Review of the 2001 Act took place in 2011-2012. Considering the changes in how we think about mental health over the intervening years, Minister of State for Mental Health and Older People Mary Butler, T.D. announced a second public consultation which took place in March – April 2021, with submissions invited on 15 key areas in the review. 100 submissions in total were received, each of which was reviewed by the Department in detail prior to the finalization of the General Scheme, which was published in July 2021.

The Department’s Report of the Public Consultation on the Review of the Mental Health Act 2001 is available below, along with copies of the submissions received during the public consultation process.

Individuals

Professionals

Organisations