“Postponement in Revamping the Mental Health Legislation”

The mental health laws in Ireland trace their roots back to 2001. A decade ago, 165 modifications were suggested by a specialist panel with the aim of modernising these regulations. A process undertaken by the government to enforce these changes began eight years ago, but numerous delays and broken promises have resulted in further setbacks. As a result, a significant revamp of the country’s mental health legislation, which was supposed to be groundbreaking, has been postponed yet again.

In 2021, the individuals in charge of the legislation drafted the Act’s specifications. Pre-legislative scrutiny of the Bill took place in May 2022. Minister for Public Expenditure and Reform, Paschal Donohoe, pledged at the beginning of this year that it would be integrated into the summer legislative agenda. However, with just two weeks left before the Dáil adjourns, no progress has been made.

While we remain optimistic for the Act’s enactment this year, scepticism will persist until visible progress is seen. Given how often progress towards resolving this issue has been deferred, it can be said without hesitation that this situation is nothing short of a national disgrace.

Certain components of this Act are pivotal and might dictate someone’s decision to utilise Ireland’s mental health services. A significant aspect pertains to the variety of treatments accessible to patients. There are two forms of hospital admissions available in this country’s mental care facilities: voluntary and involuntary.

Involuntary admissions account for approximately 10% of mental health admissions in the country. Typically, a doctor requires these individuals to be confined to a psychiatric unit. Those admitted involuntarily generally have more safeguards than the 90% who voluntarily admit themselves.

Voluntary admissions might be individuals who proactively seek help at a mental health unit, or those who are incapacitated and are effectively subjected to what is referred to as a “de facto detention”. Essentially, these patients often have little to no control over their treatment or participation in continuous care, which could discourage those in dire need of treatment from seeking it.

It’s extremely disheartening for individuals who are undergoing therapy. I’m genuinely appalled that this significant issue continues to be endlessly deferred, and the most frustrating aspect is the lack of any concrete evidence suggesting when it will be addressed. The Government is adept at creating impressive narratives and strikingly articulated answers to this crisis. I argue that we are witnessing a human rights violation here, and in my view, this is simply unacceptable. I’d like to question the Government about any specific circumstances that might explain why these critical reforms are perpetually being delayed.

Yours, etc,
JOHN O’BRIEN,
Clinic-based Psychotherapist,
Clonmel,
Co Tipperary.

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