1812. Deputy Michael Creed asked the Minister for Health in light of a proposed reform of the mental health legislation, if he will pay particular attention to proposals to restrict the options available when dealing with involuntary detention; if he will engage with professionals dealing in this area, in particular those dealing with the homeless community and where this interacts with mental health services and the process for involuntary detention; and if he will make a statement on the matter. [35144/24]

Over 90% of mental health services are provided in the community, and of those that are provided in inpatient settings, a significant majority of these are provided on a voluntary basis.

Involuntary admission and detention for mental health treatment is a serious infringement on the rights of a person, both under the Constitution and under the European Convention on Human Rights. Such admission and detention can only happen in accordance with the law. The Mental Health Act 2001 is the key piece of legislation currently in place regarding the rights of people involuntarily detained and treated in approved centres within our mental health services. A commitment to review the Act “informed by human rights standards and in consultation with service users, carers and other stakeholders” was committed to by current and previous Governments. While the 2001 Act was a robust, progressive piece of legislation for its time, the delivery of mental health services has progressed significantly since that time. The 2001 Act was enacted in 2001 but not fully commenced until 2006.

The new Mental Health Bill 2024, which was published on 31 July 2024 and contains over 200 sections, will replace the existing Mental Health Act with a more person-centric approach to mental health legislation and put in place a more robust framework in which mental health services will be delivered and regulated.

The Bill is primarily based on the General Scheme of a Bill to amend the Mental Health Act, published in July 2021, which in turn was primarily based on the 165 recommendations of an Expert Group Review of the Mental Health Act. The legislation is also informed by extensive consultation with key stakeholders such as the HSE and the Mental Health Commission over the past decade, as well as the outcomes of public consultations and other stakeholder engagement over the course of the review of the Mental Health Act 2001.

Regarding the process for involuntary admission, the Bill proposes to update and modernise the process rather than completely overhaul it. As in the existing 2001 Act, the involuntary admission process in the Bill is a three-step process: an application for a recommendation is made by an authorised officer or other person defined in the Bill, then a recommendation may be made where a registered medical practitioner where he or she believes a person meets the criteria for involuntary admission, and finally a consultant psychiatrist will examine the person named in the recommendation to assess whether he or she meets the criteria for involuntary admission. Where the consultant psychiatrist believes that the person does meet the criteria, he or she shall make an admission order to detain the person. Following the making of the admission order, the involuntarily admitted person will have access to numerous safeguards, such as the right of review, the right to appeal, the right to information and a suite of other protections set out in the Bill.

With regard to homelessness, there are a range of supports currently available to people experiencing homelessness and mental health issues. Recommendations 58 and 59 of Sharing the Vision: Ireland’s Mental Health Policy 2020-2030 commit to the development of a stepped model of mental health supports for those experiencing homelessness and to the expansion of assertive outreach teams to increase the accessibility of specialist mental health services to that cohort.

As both are medium term recommendations (due to be delivered by end 2027), work has commenced to map existing services, meet with key stakeholders, with a detailed workplan currently in development.

I look forward to engaging with Deputies as the Bill makes its way through the legislative process in the coming months and I am ready to listen to any issues that may arise for specific groups, such as people experiencing homelessness and professionals working in that area.