Minister Butler passes landmark Mental Health Bill through both Houses of the Oireachtas
- Foilsithe:
- An t-eolas is déanaí:
- The person-centred Bill contains 268 sections and will protect the rights of people with mental health difficulties in the decades ahead
- Almost 800 Government amendments passed since publication of the Bill in 2024
Minister for Mental Health, Mary Butler TD, has today secured the final passage of the Mental Health Bill 2024 through both Houses of the Oireachtas. This landmark legislation will now go to Uachtarán na hÉireann for her consideration.
Minister Butler thanked Deputies and Senators for their support and constructive debate on the legislation, with over 40 hours dedicated to the legislation in both the Dáil and Seanad and said:
"I am proud to have brought this Bill from the publication of the General Scheme through to its passage through both Houses of the Oireachtas today. The enactment of this Bill has been a longstanding priority for me and for the Government.
“This Bill will regulate all community mental health services for the first time, including all community Child and Adolescent Mental Health Services (CAMHS). This Bill will allow 16 and 17year olds to consent to their mental health treatment on the same basis as physical health. It will introduce significant new safeguards for people accessing mental health treatment, particularly around consent to treatment and the use of restrictive practices."
Minister Butler continued:
“This is a once-in-a-generation piece of legislation. The last Mental Health Act was enacted in 2001 by the current Taoiseach. Prior to that, it was 1945. I believe the Bill we have passed here today will stand the test of time and I hope it is in place for many years, if not decades, to come.”
“The purpose of this Bill is to introduce a more person-centred, human rights-based approach to mental health services in statute. This Bill will empower people accessing mental health services to make decisions about their own care and treatment - respecting their voice and choice.”
“I hope this Bill will be formally enacted next week following consideration by the President. This vital Act will modernise our mental health legislation and put in place the necessary safeguards to ensure the rights of people with mental health difficulties are vindicated in the decades to come.”
The Minister concluded:
“I am determined to commence the Mental Health Act 2026 at the earliest opportunity. I will seek to put in place the necessary resources required as part of the annual Estimates process for 2027.”
ENDS
Notes to editor
- The purpose of the Bill is:
- To revise and improve the experience of people who are involuntarily admitted to an acute mental health setting.
- To provide new safeguards for those people, and to introduce a revised approach to consent to treatment, ensuring that people have more of a say in decisions about their treatment.
- To grant new powers to the Mental Health Commission to regulate all community mental health services, including community child and adolescent mental health services (CAMHS).
- To provide in statute, a dedicated Part of the Bill that relates exclusively to the care and treatment of children and young people in acute mental health settings including allowing 16 and 17year-olds to consent to mental health treatment on the same basis as physical health care.
- The Mental Health Bill was published in July 2024, concluded all stages of the Dail in July 2025, concluded all stages in the Seanad in April 2026 and finished report-back to the Dáil on 29 April 2026.
- Minister Butler and Department of Health officials continued to consult extensively with key stakeholders about the Bill throughout the legislative process. This consultation directly informed the almost 800 Government amendments to the Bill.
- Among the most significant of these amendments are:
- Changes to the consent to treatment provisions for adults to ensure that people have access to treatment where they lack decision-making capacity and do not have a relevant substitute decision-maker.
- Changes to the process of involuntary admission and treatment of children, including the prohibition of electro-convulsive therapy (ECT) to those under 18.
- The introduction of two new sections empowering the Mental Health Commission to regulate pharmacological restraint.
- Additional safeguards have been introduced throughout the Bill, including to the criteria for involuntary admission, and consent to treatment for adults and children.