Oireachtas Revealed

Seanad amendments Nos. 2, 27, 189 to 191, inclusive, 208, 209, 249, 275, 294, 301, 305 to 307, inclusive, 309, 311, 317, 324, 325, 343, 407 and 409 are related and may be discussed together.

Seanad amendment No. 2:

Section 2: In page 14, between lines 24 and 25, to insert the following:

“ “Agency” means the Child and Family Agency;”.

The amendments in this grouping relate to references to parents and, where relevant, the Child and Family Agency, throughout the Bill. Officials in my Department carried out extensive consultation with their counterparts in the Department of Children, Disability and Equality throughout the legislative process and I brought a number of amendments to the Seanad arising from this consultation. All the amendments in this grouping relate to references to parents and-or Tusla and their right to be informed about the care and treatment of their child under the Mental Health Act. Amendment No. 275 introduces a new section to ensure that notification is made to Tusla by the HSE when children have their detention extended or when they are discharged from a mental health service. This amendment includes children who were the subject of care orders or other types of orders under the Child Care Act 1991 at the point of their admission to the mental health service, but whose Child Care Act orders have lapsed during their admission. This will ensure that all children formerly in the care of Tusla will be accounted for and that there will be open lines of communication between the HSE and Tusla. We will discuss a number of different groupings today that relate to children and the alignment between the Mental Health Act and the Child Care Act. At every point during the development of these amendments, the Department of children was consulted to ensure that the rights of children who are in the care of Tusla will be fully vindicated. These amendments, and amendments in later groupings, will ensure that children in care can access inpatient mental health services on the same basis as any other child.

Seanad amendment agreed to.

Seanad amendments Nos. 3, 28, 40, 42, 44, 45, 49 and 53 are related and may be discussed together.

Seanad amendment No. 3:

Section 2: In page 14, to delete line 29 and substitute the following:

“ “Board” has the meaning assigned to it in section 94;”.

The amendments in this grouping relate to definitions in sections 2 and 11. These definitions are either being moved from one section to another section, or are being introduced because they reference definitions in the Child Care Act 1991. For example, amendment No. 45 introduces a definition of voluntary care arrangement that links directly to its definition in the Child Care Act 1991. Amendment No. 42 does the same thing for supervision orders. Amendment No. 28 moves the definition of permitted absence from section 39 to section 2. There was no change in policy. This is just tidying up the Bill so it reads better.

Seanad amendment agreed to.

Seanad amendment No. 4:

Section 2: In page 15, line 1, to delete “a child” and substitute “a child aged 16 years or older”

Seanad amendments Nos. 4 and 8 are related and may be discussed together.

This grouping relates to amendments Nos. 4 and 8, which relate to the definition of "child". The policy behind the definition is not being changed. A child is a person who is under 18 years of age. There is no law in Ireland that defines a child as being younger than 18 years of age. A child is legally considered to be anyone under the age of 18. I am aware that, depending on the type of health service accessed, young people are sometimes considered to be adults from the age of 16 or 18. This Bill only relates to mental health services and, in mental health services, a young person is treated by Child and Adolescent Mental Health Services, CAMHS, until the age of 18. This is how it is defined in the law and how it operates in services. An important aspect of the Bill is that 16- and 17-year-olds will be permitted to make decisions about their care and treatment, in the same way as for physical health treatment. Any person younger than 16 years old must have their views listened to and considered but, ultimately, it is the decision of any child's parents or guardian as to whether treatment is given. This is true of any area of healthcare, not just mental health. Where a 16- or 17-year-old is unable to consent to treatment, consent can be given by their parents or guardian. The Bill sets out the different responsibilities and entitlements of young people and their parents or guardians in great detail in Part 4. The Bill contains mechanisms to ensure that treatment can be given to a child where the child refuses treatment or treatment is refused on the child's behalf by way of application to the court. This can only be done where the child's life or health is at immediate or serious risk. It ensures that treatment pathways will remain open for children and young people who are very unwell and at immediate risk of serious damage to their health or loss of life.

Seanad amendment agreed to.

Amendments Nos. 5, 11, 16, 207, 310 and 312 are related and may be discussed together.

Seanad amendment No. 5:

Section 2: In page 15, between lines 2 and 3, to insert the following:

“ “care order” has the same meaning as it has in section 18 of the Act of 1991;”.

This grouping relates primarily to definitions being inserted that are in the Child Care Act 1991. This is similar to the grouping we discussed before the previous grouping. For example, amendment No. 5 moves the definition of "care order" from Part 4 of the Bill to section 2 instead. Amendments Nos. 11 and 16 insert definitions of "emergency care order" and "interim care order" into the Bill. In both cases, the definitions refer to the existing definition for both in the Child Care Act 1991. The later amendments in this grouping are minor in nature and insert references to care orders later in the Bill. These amendments ensure that children who are the subject of care orders can access mental health services on the same basis as children who are not in care, and that there are pathways for these children into inpatient admission and treatment under the Mental Health Act.

Seanad amendment agreed to.

Amendments Nos. 6, 9, 10, 12, 13, 17, 21 to 24, inclusive, 26, 31, 37, 41, 43, 47, 48, 50, 54, 55, 61, 62, 64 to 66, inclusive, 68 to 74, inclusive, 76, 80, 83, 84, 86, 90, 91, 95, 97, 99 to 102, inclusive, 107, 113, 115, 117, 118, 121 to 128, inclusive, 130, 131, 134 to 136, inclusive, 141, 147, 149, 151, 159, 167 to 171, inclusive, 173, 174, 177, 181, 182, 192, 193, 195, 196, 198, 199, 205, 211, 215, 216, 221, 232, 237, 238, 260, 265, 269, 274, 285, 292, 293, 295 to 297, inclusive, 302, 322, 323, 326, 331, 333 to 335, inclusive, 337, 342, 346, 347, 349 to 353, inclusive, 355, 356, 358 to 367, inclusive, 370 to 377, inclusive, 379 to 383, inclusive, 385 to 389, inclusive, 391 to 393, inclusive, 395, 397, 400 to 402, inclusive, 405, 408, 410, 411, 418, 426 to 432, inclusive, 435 to 437, inclusive, 462 to 464, inclusive, are related and will be discussed together.

Seanad amendment No. 6:

Section 2: In page 15, line 6, to delete “or” and substitute “and”

I believe there are around 180 amendments in this grouping, so I will not repeat them. While there is a significant amount of amendments in this grouping, they all relate to smaller amendments. These amendments are being introduced to provide clarity or for consistency with wording elsewhere. There are no policy changes in this grouping. To pick some examples from this group, amendment No. 55 inserts a comma after the word "means", amendment No. 64 deletes a comma after the word "particular", amendment No. 174 deletes a line and amendment No. 171 inserts that same line earlier in the section. After the Bill passed Committee Stage in the Seanad, officials across my Department and across the Office of the Parliamentary Counsel, the Attorney General’s office and the Bills office reviewed the Bill line by line. This is the last opportunity to amend and improve the Bill. Considering this, I gave additional time to allow for more reviews and readings of the Bill to take place. The Bill is over 200 pages long and contains 268 sections. On Committee and Report Stages in the Dáil and on Committee Stage in the Seanad, I introduced a large number of amendments at each Stage to improve the Bill, based on continued consultation with stakeholders. Considering the size and complexity of the Bill, as well as the many amendments that had been introduced, I gave additional time for officials in my Department, the Attorney General's office and the Office of the Parliamentary Counsel to read through the Bill line by line. From these very close readings of the Bill, I introduced a significant number of technical amendments on Report Stage in the Seanad to address typographical and grammatical issues, ensure consistency across sections and improve clarity. This grouping relates to these amendments. While it is a very large grouping, it does not contain policy changes.

Seanad amendment agreed to.

Seanad amendment No. 7:

Section 2: In page 15, line 9, to delete “parent or guardian” and substitute “relevant consulted carers, if any,”.

Amendments Nos, 7, 14, 15, 33, 38, 201, 257, 258, 264, 284, 286, 299, 300, 318, 403 and 406 are related and will be discussed together.

The amendments in this grouping all relate to the care and treatment of children. Amendments Nos. 7, 14, 15, 33 and 38 all relate to definitions. The later amendments in this grouping insert these definitions later in the Bill. Amendment No. 14 inserts a new definition of "guardian" to ensure consistency with the understanding of "guardian" in other enactments. Amendment No. 15 inserts a definition of "guardian ad litem" to be consistent with the Child Care (Amendment) Act 2022. Amendments Nos. 33 and 38 insert definitions for "relevant carer", "relevant consulted carer" and "relevant notified carer". These amendments were introduced on Report Stage in the Seanad following further consultation between officials in my Department and the Department of children. That Department sought additional minor amendments, primarily related to the rights of Tusla to be notified of certain actions such as admission and discharge when a child is in the care of Tusla. Another goal of these amendments is to make the Bill more readable. The Mental Health Act and the Child Care Act are complex and officials in the Office of the Parliamentary Counsel and my Department have worked hard to streamline the references to the Child Care Act in this Bill. As Deputies can see, the amendments will introduce three definitions at the start of the Bill that set out the different roles and entitlements of parents, guardians and Tusla regarding children, depending on the age of the child and his or her admission status. Then, throughout Part 4 of the Bill, those definitions are used as a shorthand instead of spelling out each type of Child Care Act order or arrangement it refers to in longhand each time. The three definitions are "relevant carer", "relevant consulted carer" and "relevant notified carer". While I appreciate that these amendments are complex on the face of it, they are necessary to ensure that all of the complexities between this Bill and the Child Care Act are understood and addressed. This Bill has to work for children in all settings, which is really important. That includes children who are subject to different orders and arrangements under the Child Care Act. These amendments ensure that the role of parents and the role of Tusla are fully understood in the Bill and that the rights and entitlements of parents and Tusla are recognised.

Seanad amendment agreed to.

Seanad amendment No. 8:

Section 2: In page 15, to delete line 14 and substitute the following:

“ “child” means a person who has not attained the age of 18 years;”.

Seanad amendment agreed to.

Seanad amendment No. 9:

Section 2: In page 15, line 23, after “such” to insert “a”.

Seanad amendment agreed to.

Seanad amendment No. 10:

Section 2: In page 16, between lines 2 and 3, to insert the following:

“ “direct application for a recommendation for involuntary admission” has the meaning assigned to it in section 15;”.

Seanad amendment agreed to.

Seanad amendment No. 11:

Section 2: In page 16, between lines 2 and 3, to insert the following:

“ “emergency care order” has the meaning assigned to it in section 13 of the Act of 1991;”.

Seanad amendment agreed to.

Seanad amendment No. 12:

Section 2: In page 16, line 3, after “recommendation” to insert “for involuntary admission”.

Seanad amendment agreed to.

Seanad amendment No. 13:

Section 2: In page 16, line 7, to delete “judgement” and substitute “judgment”.

Seanad amendment agreed to.

Seanad amendment No. 14:

Section 2: In page 16, to delete lines 10 to 12 and substitute the following:

“ “guardian” means, in relation to a child—

(a) a guardian pursuant to the Guardianship of Infants Act 1964, or

(b) the person acting in loco parentis to that child;”.

Seanad amendment agreed to.

Seanad amendment No. 15:

Section 2: In page 16, between lines 12 and 13, to insert the following:

“ “guardian ad litem” means, in relation to a child, a guardian ad litem (within the meaning of section 35A of the Act of 1991) appointed for the child in accordance with Part VA of the Act of 1991;”.

Seanad amendment agreed to.

Seanad amendment No. 16:

Section 2: In page 16, between lines 15 and 16, to insert the following:

“ “interim care order” has the meaning assigned to it in section 17 of the Act of 1991;”.

Seanad amendment agreed to.

Seanad amendment No. 17:

Section 2: In page 16, to delete lines 16 to 18.

Seanad amendment agreed to.

Amendments Nos. 18, 19, 81, 180, 217, 219, 222, 223, 225, 228 to 230, inclusive, 233, 244, 245, 261, 263, 266, 267, 276, 276a, 277, 278, 280 to 283, inclusive, 287 to 291, inclusive, 304, 308, 313, 315, 320, 328a, 329, 330, 338, 339, 434 and 492 are related and will be discussed together.

Seanad amendment No. 18:

Section 2: In page 16, lines 19 and 20, to delete “detention in section 65” and substitute “involuntary admission of a child”.

These amendments relate to the entire process of involuntary admission of a child in Part 4 of the Bill. They include changes to criteria for involuntary admission to make the protections stronger for children. It includes minor changes to the involuntary admission process, which is done by way of application by the HSE to the District Court. This grouping also includes a number of additional safeguards for children, including protections in relation to the use of Garda powers to take a child into custody, as well as additional safeguards around the mandatory provision of information to children and their parents at the point of admission. Finally, this grouping includes amendments to provisions in relation to consent to treatment for a child. One thing Deputies will remember us discussing last year was electroconvulsive therapy, ECT, for children. One amendment I would like to highlight is amendment No. 330, which provides for the prohibition of ECT for children. According to information I have received from the HSE and the Mental Health Commission, ECT has not been administered to a child in Ireland in over 15 years and, in fact, the expertise and equipment to administer ECT to children is not present in the State. At the same time, I had given a commitment that I was going to come back with this amendment in place. It is really important that we spell it out loud and clear, and I am happy to do that. Other amendments in this grouping enhance safeguards for children accessing treatment under the legislation, such as including protections where a child is taken into Garda custody and the right of children and their parents or guardians to receive information following a child's admission to an inpatient mental health service. That is something we discussed at length here as well. The amendments in this grouping enhance the protections for children in relation to the involuntary admission process. These amendments have been informed by extensive consultation carried out by officials in my Department with the Departments of children and justice, the HSE, the Mental Health Commission and other important stakeholders.

I acknowledge the significant improvements that have been made to the Bill through the Seanad process. That is very much appreciated. Amendment No. 276 relates to a very concerning provision in the Bill. A child in serious mental health distress needs urgent clinical assessment and therapeutic support. They do not need the trauma and stigma of Garda custody. A Garda station is not a therapeutic environment. It is not a child-centred or trauma-informed environment. Gardaí themselves are not clinicians. They are not trained to assess severe mental health difficulties or determine whether a child meets involuntary admission criteria. There is a real risk that neurodivergent behaviours, trauma responses or extreme distress will be misunderstood in that context. There is also a safeguarding concern, because Garda stations can be chaotic, frightening and distressing places to be. A child in crisis may be exposed to shouting, intoxication, displays of violence or other highly charged situations. All of this delays the very thing that the child needs most, which is prompt clinical assessment and therapeutic support. Whatever way this provision is framed, it risks taking children deeper into a coercive and adverse environment when what they need is a health-led, trauma-informed response. I acknowledge and welcome the prohibition of ECT for children. That is a significant child protection and human rights safeguard. Reverting to the admission of children who are placed in adult psychiatric units, I know that is a very small number and has been declining considerably in recent years. I appreciate the attention that the Minister of State has given to this, but I just want to stress that low numbers are not the same as a legal safeguard. If a practice is wrong, particularly when it is tied to under-resourcing, it needs to be resolved through State investment and legal safeguards, not simply reduced. However, I acknowledge that it has been significantly reduced. I understand the Minister of State's concerns about tying the hands of clinicians, as she said before, but their hands are tied if their services have not been resourced sufficiently.

I recognise the improvements that have been made to this Bill since we last debated it in this House, both by our colleagues in the Seanad and through the moves the Minister of State has made. It is important to recognise when positive steps are taken. While we may not agree on everything politically, it does not mean that we ignore where we do agree on some things that have changed. I will speak to amendments Nos. 276 to 278, inclusive, 288 to 290, inclusive, and 330. I am very concerned about children in Garda stations. We have had debates in this House before about people in mental health distress being in unsuitable locations at that time. It was part of our Private Members' business on accident and emergency units and adults and children in mental health distress. I do not believe that the Garda station is the right place for a person in mental health distress to be. In fact, it is completely inappropriate. It can cause further trauma and long-term issues with their self-esteem and sense of being. Gardaí have enough work to be doing without also trying to double-job as something that they are not qualified to do, by which I mean the area of medical expertise. With the inclusion of this provision, there is a very real chance of further stigmatising someone who is a child and reinforcing the harmful association between mental health and criminality. If the Minister of State were to look at some of the comments that Mental Health Reform has outlined, she would see that one of them was a direct quote from a garda. The garda said that they completely understand the need for the presence of gardaí in some cases, but they were a firm believer that a Garda station was not a place for a child to be brought back, especially one with mental health issues. If that is coming from the gardaí themselves, there is an onus on us to listen and act. There will never be a better opportunity to do that than here during this Bill. Talking about children can be a very distressing part of a mental health Bill, but mental health concerns, issues and illnesses do not begin when somebody turns 18. We must have these conversations from a point of view of it being a health-led response to a crisis without the involvement of An Garda Síochána. Yes, the clinical assessment needs to be done but it needs to be done in a place that is appropriate and in an age-appropriate way. We have had this debate in the House repeatedly, but I do not think any child should be placed in an adult unit, particularly because of pressures in the system elsewhere. That is a failure. The numbers may be small but every single time that happens, it is a further failure by the State. A wrong is a wrong and it should not happen whatsoever. I recognise and welcome the prohibition of ECT for children. That is a very important safeguard. Such a practice may not have happened in 15 years but it should not have been on the books as having the potential to happen. The prohibition is a positive thing. Moving to amendment No. 330 and discharges and service transition issues, we have all spoken with people who have been through various levels of the mental health system and they speak of cliff edges and a lack of joined-up and continuous care. We cannot allow that continue to happen. I believe that a discharge plan, particularly for a child, should begin on admission with the family involvement, a school liaison, community follow-up and also, critically, clear accountability for aftercare because recovery does not stop at the hospital door when a person leaves. If continuity of care fails, then it is children and families who are left carrying the burden, and that is grossly unfair.

I thank Deputies Quaide and Clarke for acknowledging the significant improvements that have been made since we have been here last. I appreciate that. In relation to amendment No. 276, the reality is that there needs to be a legal basis for the Garda to take a child into custody where the child is an immediate and serious risk of harm and to ensure there are pathways for that child to be examined and receive treatment. That is already in the legislation since 2001. That could happen every day of the week if it was needed. It is very rare that the Garda has to take a child into custody, but it is very important for the Garda that if a child is an immediate and serious risk of harm to themselves or others, there must be pathways and a legal basis for the Garda to act. This amendment is being introduced to address operational concerns raised by some key stakeholders. There was a huge amount of engagement with the Department of justice around this. The new section 74 recognises the distinct and important roles of the Garda, the HSE and Tusla. Depending on the circumstances of the child, one of these three bodies will be responsible for taking charge of the child and the new section 74 recognises the different functions of each. It is an extremely rare event where a garda must take a child into custody due to a suspected mental disorder but it does happen on occasion. Section 74 of the Bill will provide absolute clarity as to the powers as well as the responsibilities of members of An Garda Síochána when taking a child into custody because of his or her mental disorder. Section 74 includes a number of safeguards that will help protect the rights of children, including a very strict time limit for which a child can be in custody. Those very high criteria must be met, namely, that the child is an immediate or serious risk of harm to self or others due to a mental disorder and the automatic referral to the HSE for examination. A huge amount of work has been done on this section. There might be a time when a 16- or 17-year-old might have to be taken into Garda custody. The Garda have to have a legal framework. We are improving what is already there in the 2001 legislation. I also want to talk about children in adult wards. As Deputies will know, this is something I feel extremely passionate about. We got the figures recently while I was before the Seanad. Last year, there were five young people involved. Four of them spent one night in an adult ward and the other spent two nights in an adult ward. Over the whole year, including all of the children who spent time in an approved centre, there were six nights. That happened with the support and consent of their parents in all cases. They were in a single room on their own with 24-hour one-on-one support while the appropriate supports were being put in place. I have spoken about this before. I know of one particular case - this is going back a few years - where it was appropriate for a young person to stay in a facility. There are many different reasons this happens. We have come from a situation where the amount of young people being held in adult wards was simply not acceptable. I do not want to see any child in an adult facility. Nobody wants to see it. I do not know any clinician who wants to see it. However, sometimes there is a crisis in real time. It could happen at 10 p.m., 11 p.m., midnight, 1 a.m. or 2 a.m. I have spoken to families. I have spoken to young people who were that person who stayed overnight for their own safety. I do not have a medical background but I have a lot of lived experience, living experience and I listen. It would be remiss of me to tie the hands of any clinician who has to make that decision at midnight or 1 a.m. when a young person is a risk to themselves or others. Over 95% of the time, it is people of 17 years of age or older. I have come across very few cases where there is not family consent and support. We have discussed this at length here and in the Seanad. I have given examples of cases. There was one example in Donegal when there was a storm on the particular night and it was not safe for the staff to move the person. Sometimes, there are just extreme circumstances. However, I do know that any clinician involved in having to detain a young person looks at every opportunity to not do that. They do their utmost. I remember speaking to a clinician at University Hospital Waterford about a case. Without identifying anybody, the clinician said that it was life or death at the time and if he had not detained that young person under the Act, it would have been a different story. The parents begged him to do that because they felt they could not take the child home with them. It is not a budget issue regarding beds for children. Most of the time, we are running at 70% capacity among our inpatient beds. The majority of the beds are in Linn Dara, Eist Linn, Merlin Park and St. Vincent's. Twenty of the 51 beds we have open are for eating disorders and in most of those cases, the children and young people are there for between three and seven months because of the nature of what they are dealing with. One of the amendments raised in the Seanad sought to write into the Bill that no young person could be detained for more than 72 hours. The reason I did not accept that amendment was because we would have been writing into legislation that it was okay to detain a young person. I want to get to a stage where no child is detained in adult wards. We had five such children last year and six the year before. Last year, it was six nights overall. If we write that into this new Bill, which will become an Act next week, please God, we will be saying it is okay to take a young person into an adult ward for up to 72 hours. That is the reason I did not accept the amendment. I do not want to normalise it. A huge amount of work has been done by clinicians and by those working in approved centres to make sure that they find the appropriate setting for that young person. In some cases, depending on where they are living, it can be easier and quicker to find that accommodation than in other areas. For that reason, and as I said in the Seanad, I will take it to the grave with me if I get this wrong but I do not think I am doing this wrong in this respect. If it will only help one child, it will be worth it for me.

Marie Sherlock

The Minister of State has inherited this Bill and somewhere in the order of 900 amendments have had to be dealt with as the legislation has gone through this House and the Seanad. The Minister of State’s own personal commitment to the Bill is very clear, and I very much welcome the improvements before us today. Regarding those issues raised in section 10, relating to how practicable it is to place a child in an age-appropriate setting, we know there is an issue concerning ageing out of child psychiatric services at 16. The Minister of State reflected very eloquently on the life-or-death decisions that do have to be taken. I do worry about the future. The Minister of State spoke about facilities being at 70% capacity at the moment but this is legislation that we hope will be there for the long term and that none of us will be back to deal with this legislation again any time soon. The dramatic drop in the number of children in adult psychiatric wards is to be welcomed. We all know, however, what the UN Committee on the Rights of the Child has said with regard to that practice. Even if it is one child, there remains a concern that the legislation, as drafted, remains too permissive. I do worry about a time when there may be a shortage of beds and the de facto approach, because no child facility is available, ends up with a decision being made that a child, albeit one nearly entering adulthood, will just have to be placed in an adult facility. I am conscious as well of all the arguments about those in their late teenage years who need a continuity of care right into adulthood. I get all those arguments but it is important that I put on the record that I retain that concern that the legislation, as drafted, remains too loose and is not as prescriptive as it should be in terms of, effectively, outlawing the care of any child in an adult facility in future.

I will conclude with one other point. The Bill does not legislate for or against child admissions. This is important. It was the reason I felt in the Seanad that if I included an amendment that said a child cannot be retained for more than 72 hours after an admission, we were nearly saying it was okay to do this. I do not want to see that happening at all. In 2008, there were 247 admissions to adult units. As I said, this was reduced to five last year, which was six nights. We have to commend the staff working at the coalface who have done everything they can. Children are admitted to adult units only after efforts to place them in a child and adolescent inpatient unit are unsuccessful due to capacity or clinical need, depending on the situation. It can be very difficult for a child, for example, living in Donegal having to go to Galway, a child living in the midlands having to go to Dublin, a child in Waterford having to go to Cork or a child from Kerry having to go into Cork. This is the reality of the situation. We must realise, however, that the majority of supports for our young people are provided in the community, regardless of their mental health illness. For example, 95% of all eating disorder supports are provided in the community. We have seen such a surge in those figures since Covid. We do have to accept and acknowledge that these are unique cases. In a unique case, when there is a really difficult decision for a clinician to make, we have to take life over death. I say it every time. We have no choice. It is for that reason, and that reason only. I do believe that we will get to a stage very soon where we will not have any child admissions. Nobody wants to see these admissions happening. This is what I spoke about at the start. When this Bill is enacted, a 16- or 17-year-old will be able to make decisions in relation to their mental health. Being involuntarily detained at 16 or 17, however, is different. In every single case where this was done, and it was the same the year before, it was undertaken with the support of the family and the young person knew what was happening and it was for a short time. That is the reason I feel so strongly about this aspect.

Seanad amendment agreed to.

Seanad amendment No. 19:

Section 2: In page 16, lines 20 and 21, to delete “made under section 65 or 66”.

Seanad amendment agreed to.

Seanad amendments Nos. 20, 30, 56 to 60, inclusive, 63, 67, 78, 93, 103, 105, 106, 109 to 112, inclusive, 114, 116, 146, 148, 155, 156, 160, 164 to 166, inclusive, 172, 175, 176, 178, 179 and 404 are related and will be discussed together.

Seanad amendment No. 20:

Section 2: In page 16, line 24, to delete “without providing his or her consent to such admission” and substitute “pursuant to an involuntary admission order or a renewal order”.

These amendments relate generally to the involuntary admission process for adults. Many of the amendments in this grouping are smaller in nature. For example, Seanad amendment No. 12 inserts the term "for involuntary admission" after the word "recommendation" on line 3 of page 16. Similarly, Seanad amendment No. 54 provides for the deletion of a definition in section 11, and Seanad amendment No. 10 provides for the insertion of the same definition in section 2. To pick out some of the amendments of significance, Seanad amendment No. 57 amends the criteria for involuntary admission to ensure that the condition of any involuntarily admitted person must be likely to "materially benefit" from the admission, rather than just "benefit". This amendment was introduced following further consultation with stakeholders in the context that the criteria for admission as passed by the Dáil needed to be increased somewhat. I am satisfied that, with this amendment, the criteria for involuntary admission are robust and person-centred. This amendment was also mirrored in the criteria for admission for children. Seanad amendment No. 106 removes the lower limit of 14 days within which a review board must review an order for detaining a person. I brought forward this amendment in the Seanad following consultation with stakeholders. Under the new Act, 21 days after an order is made will be the upper limit in which a review board must meet. The Minister will be able to prescribe a shorter period by way of regulation, so the period can be reduced over time from 21 days to 14 days or even lower. Seanad amendment No. 148 introduces an additional safeguard in relation to the carrying out of capacity assessments for adults. The amendment requires that regular capacity assessments are carried out when a person has been assessed as lacking capacity. The amendment introduces an upper limit of every 14 days for the carrying out of capacity assessments. A further safeguard is introduced in Seanad amendment No. 156, which will ensure that, where treatment is administered to a person while the capacity assessment process is ongoing, the assessments must be completed within 72 hours.

Paul McAuliffe

As we get to the end of this Bill, I commend all the Minister of State’s officials who have worked on this legislation, all the stakeholders who have engaged with the Minister of State and the Minister of State herself. She has engaged with many of us across the House, and particularly with some of her Government colleagues who had concerns in relation to the Bill. I wish to speak to this group of Seanad amendments because it deals with the issue of involuntary adult admissions. In many ways, depriving anybody of their liberty is an incredibly serious thing, so it should be difficult to secure an involuntary adult admission. Trying to find that line between it being difficult and too difficult has been the job the Minister of State has had to do. Where I had some concerns during earlier phases of the Bill was in relation to dual diagnosis. I want to be careful using this term because when I use it, I am relating it to dual diagnosis of addiction and mental health issues. Of course, as has become very obvious from the conversations in the Seanad with colleagues there, a dual diagnosis can mean many things. It can, for example, relate to a dual diagnosis of autism and mental health issues or many other conditions. Specifically, in relation to dual diagnosis for addiction and mental illness, the Minister of State will know, because I have plagued her about it many times, about a report on dual diagnosis community inquiry. The report, Dual Diagnosis: a Community Perspective, carried out by Dublin City University and the Finglas Addiction Support Team, FAST, specifically references areas in relation to dual diagnosis for addiction and mental health which need improvement. There have been significant improvements since that report was published in 2020, namely around the national clinical programme. The report references areas of the Mental Health Bill where the idea of a “wrong door” was being experienced by people. In some cases people were not able to access a psychiatric facility because they may have been using either a legal or illegal substance, and at the very moment they were in crisis or seeking to deal with their addiction, they found that both services, addiction and mental health, were often citing their other diagnosis as a barrier to them entering. As one person in the report said, "when we get somebody into a service and there is opportunity to make good progress, it should not be missed." The idea of catching somebody as they are falling is really important. I watched the debate on this in the Seanad very closely. The Minister of State was very strong in outlining why, in primary legislation, the phrase “dual diagnosis” could not appear. I am anxious for the Minister of State to repeat the commitment she gave in the Seanad here in the Dáil as regards a dual diagnosis protocol. I ask her to outline to the House how that might work or to write to me about it. What I want is to record in this House what happened in the other House, that is, the attempts made to make changes to the Mental Health Bill and the reasons that did not happen. While things might not be able to be dealt with in primary legislation, that does not mean we cannot deal with them overall. Regardless of what happens to the Mental Health Bill, I ask the Minister of State to continue to be committed to the issue of dual diagnosis for addiction and mental health.

I wish to start with amendments Nos. 57, 155 and 172, particularly in relation to the materiality benefit threshold. This is a very positive improvement. There has to be real, demonstrable justification for any state to compel admission or treatment, and there has to be that demonstrable prospect of therapeutic aim. Involuntary powers should only be used where strictly necessary and where meaningful clinical benefit is likely. However, I have some issues with wording only being on a page. The real test of this is going to be how it is interpreted in practice. I look forward to seeing it included in any review, either full or interim, how this is working in practice. Words on a page do not give equal strength across the board. If I interpret something as being demonstrable, does another person have the same interpretation? That is why I look forward to it being included in the review. Where coercive powers exist, the bar really has to be set and remain high for the patient’s wellbeing and legal entitlements and rights. In relation to the capacity assessments and consent safeguards, capacity is not fixed. Those 14 days have me very concerned because capacity can fluctuate very quickly, particularly when it comes to mental health. It can improve and return quickly, particularly following a crisis and during treatment. The Minister of State said she would do them every day if she could but that is not realistic. There has to be a timeframe. Given the fluid and rapidly changing nature of capacity, when it returns, personal autonomy has to be immediately restored to the person. I have very real concerns about the 14 days. A guiding principle throughout the Bill should be the least restrictive approach because that is how we ultimately get the correct balance between care, a person’s dignity, and his or her rights. In terms of court applications and treatment decisions, it is one of my most firmly held believes that when courts are involved in treatment decisions the process has to be fair, swift and person-centred. Any delays in court processes can further delay treatment. At the same time, we cannot deny a person’s rights simply for speed. I would like to see a system that guarantees access to legal representation, supported decisions and clear pathways so that the person understands where the courts are required. While we are debating a Bill, this is fundamentally about people. The person has got to be at the very centre of every decision we make today, or which is contained within the Bill. In relation to amendment No. 67, the administration powers engage some of the most fundamental rights any citizen has. We are talking about a citizen’s liberty, dignity and family life. That is why an application process must be clear, understood by the person, evidence-based and free from any form of conflicts of interest. Service users need to have confidence that decisions are clinically justified, procedurally fair and subject to that meaningful review. We will come back to that at a later time. I will finish on this section by saying safeguards are not obstacles. They are essential protections for every single one of us. I still have very real concerns about those 14 days.

I wish to speak to amendment No. 93 in relation to advocacy. It is obviously positive that information about advocacy is shared with the person who is involuntarily detained, but being told advocacy exists is not remotely the same as having a statutory right to independent advocacy. It is regrettable that despite a very strong focus on this from some of the interest groups such as Mental Health Reform in each stage of the Bill, that has not been provided for. A person who is involuntarily detained may be very fearful, highly distressed, over-sedated, isolated from family and dealing with teams and professionals using clinical and legal language. Many people in that situation will find it overwhelming. In that context, independent advocacy should be a basic safeguard. A nominated person is not a substitute for an independent, professional advocate. A nominated person may be a family member or friend, they may be supportive but may not have the training, confidence or independence to challenge clinical decisions or help a person navigate a rights-based process. The definition of advocacy should have been stronger. Advocacy should not be reduced to helping someone express their will and preferences, it should support a person to exercise those preferences, vindicate their rights and participate meaningfully in decisions affecting them. Without guaranteed independent advocacy, many people will be left alone at the precise moment the State is exercising the greatest power over them. Related to that, the independent complaints mechanism was also ruled out of order earlier. It is important to say what has transpired at Bloomfield Hospital in Dublin and in Kerry CAMHS underlines the importance both of independent advocacy and independent complaints. It is fair to say that “Your service, your say” is a dysfunctional complaints mechanism. We cannot ask a vulnerable person, particularly someone who was involuntarily detained, to complain directly to the same system that controls his or her care, medication, leave and discharge. We see a huge amount of disquiet and discontent among service users with regard to “Your service, your say”. That is important to put on the record.

I will work backwards if that is okay. In relation to the patient advocacy services, and we spent a lot of time discussing this in the Seanad but it is important to put it on the record of the Dáil, I very strongly believe that patients, regardless of what health service is being assessed whether a nursing home, approved centre, day services or whatever, should be able to advocate if they are not happy with the support they are getting. The reason we have not included it here is we have not prescribed advocacy in primary legislation for any other area of healthcare, including for older people or people with disabilities. Regulations have been made under the Health Act 2007 to provide for access to advocacy services for people resident in designated centres for the purpose of, for example, making a complaint. I have a bit of longevity in the Department of Health - I am here now six years - and I was the Minister of State who introduced patient advocacy services across nursing homes. They had started to be rolled out in HSE-run nursing homes, the community nursing units, but I rolled them out throughout public, private and voluntary nursing homes and I have every intention of doing the same in relation to mental health approved centres. I met patient advocacy services recently, about two months ago, when this was a hot topic in the Seanad. My team has met them since and we will put in place those services. They have to ramp up their service as well. For those dealing with people who are very ill, who have a mental health or mental disorder, in an approved centre additional training needs to happen. Already they are providing advocacy services for people with a disability and some of those people are receiving those services in relation to mental health as well so the start has been made. We do need to do it and I want to do it as quickly as possible. The Deputy mentioned Kerry CAMHS. That comes back to longevity as well. The Deputy will have heard of the youth advocacy programme, YAP. I am very fond of it and have done a lot of work with it over the years. Shortly after the Maskey report in 2022, I formally opened YAP services in Tralee to support young people down there. I want to commend that organisation. It does a great amount of work. The voice of the young person is always heard in relation to that. Deputy Clarke spoke about capacity assessments. I agree with what she is saying. I want to point out that she was the person who raised the language in relation to benefit and "materially benefit". I do remember her being very strong on that at the time. I did listen and take it on board. It is a better choice of wording. The Mental Health Commission will prepare and issue a code of practice for staff working in registered acute mental health centres in relation to the provisions of this section as well, which will be very helpful, especially on criteria for admissions. The 14 days is the absolute maximum period that is allowed but also the Bill states that a person’s capacity should be reassessed if their condition changes in any form. That is really important and it is written into the Bill. I hope those two safeguards will help in that respect. Deputy McAuliffe spoke about dual diagnosis. The very first meeting we ever had, back in 2020 when Deputy McAuliffe was a new TD, was in relation to dual diagnosis. I thank him for raising this issue. I know he is passionate about improving the service for people with coexisting mental illness and substance abuse disorder and he has done a lot of work in his own right. I want to state unequivocally that people with coexisting mental disorders and substance misuse disorders can and do access inpatient and community mental health services. This was not always the case. An awful lot of people still have a huge affection for A Vision for Change but it did not allow for dual diagnosis, whereas Sharing the Vision did, and that is my bible. That is the bible I have worked off since June 2020. That was really important because there were doors being slammed into people’s faces because they might have had a mental health disorder but they also engaged in substance abuse, it could have been alcohol or drugs, and it is really important that is recognised. It will not be included in primary legislation - it will be included in secondary legislation – but I have asked the HSE to develop a protocol in relation to access to services for people presenting with dual diagnosis of a coexisting mental disorder or difficulty and a substance use disorder. I believe that a dual diagnosis protocol can address many of the issues around access raised by Senators, Deputy McAuliffe and other Deputies and provide clarity to services working across mental health and substance misuse and access to treatment. My position is that the solution to this issue is to continue to fund both general mental health services and specialised dual diagnosis mental health services to improve access for all. I am not going to stand here and say there is not an issue. There are issues in relation to people with dual diagnosis and doors are slammed. That is why we are working really hard to change that. I launched the dual diagnosis national clinical programme, the new model of care, in May 2023. We are now investing over €5 million annually from the mental health budget, matched by social inclusion, to develop specialist community teams to support people with mental illness and substance abuse issues. The primary purpose of the Mental Health Bill is to set out the legal basis for the involuntary admission of people to acute mental health settings. The Bill cannot and does not provide specific medical pathways or legal safeguards for access to services for any specific cohort of person outside of those who are subject to involuntary admission. More specially, it not provide for admission and access to services for any person either in the community or inpatient who does have a mental disorder that does not meet the criteria for involuntary admission. Importantly the Bill does not discriminate about what mental disorder a person has. The Bill does not specify but it does not need to do so. How we deliver our services will come in secondary legislation. Looking forward, my adviser and I had a meeting yesterday on the Keltoi facility and the day services which will be provided there. We are making progress. Again, the funding is there and the staff are being recruited. We want to get that open as quickly as possible. I hope I have answered everything.

Seanad amendment agreed to.

Seanad amendment No. 21:

Section 2: In page 16, between lines 24 and 25, to insert the following:

“ “involuntary admission order” has the meaning assigned to it—

(a) in relation to an adult, in sections 22 and 38, and

(b) in relation to a child, in section 66;”.

Seanad amendment agreed to.

Seanad amendment No. 22:

Section 2: In page 16, line 34, to delete “judgement” and substitute “judgment”.

Seanad amendment agreed to.

Seanad amendment No. 23:

Section 2: In page 17, line 3, after “2011,” to insert “or”.

Seanad amendment agreed to.

Seanad amendment No. 24:

Section 2: In page 17, line 12, to delete “of that Act”.

Seanad amendment agreed to.

Seanad amendments Nos. 25, 412 to 417, inclusive, 419, and 421 to 425, inclusive, are related and may be discussed together.

Seanad amendment No. 25:

Section 2: In page 17, to delete lines 16 to 18 and substitute the following:

“ “nominated person” means an adult nominated—

(a) in relation to an adult, in accordance with section 185, and

(b) in relation to a child aged 16 years or older, in accordance with section 186;”.

These amendments update the definition of "nominated person" to clarify that a nominated person must be an adult, which is a person 18 years or older. The rest of the amendments in this grouping change the word "nominee" to "nominated person". This is being done to ensure consistency in language across the Bill. A nominated person, as I said, can be a person over the age of 16 who an adult or child admitted to an inpatient mental health setting can nominate to attend meetings with them and receive information of a general nature about the person. The wording of the Bill has been carefully put together to ensure that a nominated person can be any person of the admitted person’s choosing. It can be a family member, a loved one, friend or a carer, or otherwise a person can appoint a peer advocate or a professional advocate to act as his or her nominated person. This is a really good element to the Bill in that they can have that nominated person to support them through their care journey.

On a point of clarification, what age can the nominated person be? I understand that the Minister of State said 16.

It is 18 years. Sorry, I did say 16. I apologise. The minute I said it I knew it was wrong. It was a typo. It is 18. I thank the Deputy.

Seanad amendment agreed to.

Seanad amendment No. 26:

Section 2: In page 17, line 20, to insert “both” before “within”.

Seanad amendment agreed to.

Seanad amendment No. 27:

Section 2: In page 17, between lines 25 and 26, to insert the following:

“ “parents or guardian or the Agency” means—

(a) in relation to a child the subject of a care order, the Agency, and

(b) in all other circumstances, the child’s parents, or either of them, or guardian;”.

Seanad amendment agreed to.

Seanad amendment No. 28:

Section 2: In page 17, between lines 25 and 26, to insert the following:

“ “permitted absence” has the meaning assigned to it—

(a) in relation to an adult, in section 39, and

(b) in relation to a child, in section 77;”.

Seanad amendment agreed to.

Amendments Nos. 29, 39, 183, 184, 332, 340, 341 and 345 are related and will be discussed together.

Seanad amendment No. 29:

Section 2: In page 17, between lines 25 and 26, to insert the following:

“ “pharmacological restraint” means the administration of medication to a person where the only purpose of such administration is to—

(a) control the person’s behaviour, or

(b) restrict, prevent or limit the person’s freedom of movement or access to his or her own body, but does not include the administration of medication that is for the purposes of treating or ameliorating his or her mental disorder;”.

These amendments relate to chemical or pharmacological restraint and provide for the regulation of pharmacological restraint on adults and children. I asked officials in my Department to review this matter following a debate in the Dáil last year and requested that the Mental Health Commission carry out a rapid evidence review of pharmacological restraint in other jurisdictions. The amendments introduced in the Seanad are informed by this research by the commission. Pharmacological restraint involves the administration of medication to a person where the purpose of the medicine is only to control a person's behaviour or control access to his or her body. Pharmacological restraint does not include any administration of medication where the medication is for the benefit of the person's condition or treatment. I have heard narratives that this does not exist. However, I always listen to all voices, including lived experience, and I welcome the work that the Mental Health Commission in carrying out a rapid evidence review of pharmacological restraint. I was happy to move that amendment.

I commend the Minister of State on the inclusion of this section. I note my concern about the levels of professional defensiveness and detachment from the reality of service user experiences exhibited by the College of Psychiatrists of Ireland in its attempts to remove the term "pharmacological restraint" from the Mental Health Bill. It is highly invalidating of the experiences of people. These people do exist and I have worked in the mental health system myself. They are people who have been over-sedated, who have experienced medication in a coercive or overly restrictive manner, even if that is not the intention, over the course of their psychiatric treatment. The notion that it does not exist is just perplexing. It is worth noting that for people who have already experienced significant trauma in their lives, pharmacological restraint can be traumatic and can compound the very distress that the mental health services are meant to alleviate. That was a regressive intervention on the college's part and I am glad that it was not agreed to. It is not just Mental Health Reform or cohorts of service users who are saying this; the UN Committee on the Rights of Persons with Disabilities, the European Committee for the Prevention of Torture and the Irish Human Rights and Equality Commission have said it. The World Psychiatric Association, in its 2023 position statement on alternatives to coercion, explicitly identified chemical or pharmacological restraint as a form of restraint, which it is, experienced by people in mental health services. That is not to say that it is done with sinister intention, but it needs to be recognised, monitored and carefully managed. It is also recognised and regulated in mental health services in England, Scotland and Wales. As stated, I welcome the inclusion of this section. It has been stated previously that the definition could be better safeguarded. To say that it is used for treatment does not quite go far enough, but at the same time, I recognise the progress made on this and want to validate it.

It is important that pharmacological restraint is mentioned here because if the State or any service intervenes in a way that limits a person's liberty, movement or bodily autonomy, the safeguards have to be exact. In addition, it has to be a genuine last resort, clinically justified, proportionate, time limited and independently scrutinised. I would like to see mandatory recording, clear notification procedures, oversight by the Mental Health Commission, and regular publication of anonymised data. People in crisis deserve care, compassion, and de-escalation first, and restrictive interventions must never become substitutes for proper treatment, staffing shortages, overcrowding or unsuitable settings. I have a specific question that I would like an answer to. It relates to subsection (3) of amendment No. 345, which inserts a new section after section 91. It states: Where the responsible consultant psychiatrist forms an opinion that it would be in the best interests of the child for any persons specified in subsection (1)(a) or (2)(a) not to be provided with information on the application of restrictive practices, such information is not required to be provided. My understanding is that this means that a consultant psychiatrist may not be required to inform the parent when a restrictive practice has been used on his or her child. Could the Minister of State give an example of such a circumstance that may exist in the real world?

They absolutely have to inform the family. I am looking at the amendment. They have to tell the family because they have to be able to discuss the treatment of the child with the parents. It is important to balance the debate because, while we are discussing restrictive practices, Sharing the Vision includes a recommendation to adopt a zero-seclusion, zero-restraint approach in mental health services and there has been a significant reduction in the usage of seclusion and restraint in mental health services. According to the Mental Health Commission, Ireland ranks among the lowest in comparable countries for the use of seclusion and restraint. In 2023 and 2024, there was a 34% reduction in the number of reported episodes of seclusion and physical restraint. Since 2018, there has been a 62% reduction in all restrictive practices. Irish mental health services must be commended on their continued and sustained positive efforts in the area. We have one of the lowest rates in comparable jurisdictions, according to the Mental Health Commission. That was extremely welcome, but to put the Deputy's mind at ease, my understanding is that if a restrictive practice was applied to a young person, that young person would fall under the remit of three different entities, namely those of the HSE, Tusla or the parent, and would be informed of that decision.

I just want to be very clear on this. What that section states is, "it would be in the best interests of the child for any persons specified in subsection (1)(a) or (2)(a) not to be provided with information on the application of restrictive practices".

That is general information on admittance. It is not to say that it is being used but------

On admittance.

On admittance. It is general information that is provided.

I want to make a more nuanced point on pharmacological restraint. I welcome this, as I said. Mental Health Reform has also welcomed the recognition of pharmacological restraint as a restrictive practice that must be regulated. It has also warned that the definition may be too narrow to capture the full reality of how people can be pharmacologically or chemically restrained. That concern is well founded. As I was alluding to earlier, it is not enough to say, as per the Bill, that medication was given for treatment if, in practice, the effect is to control behaviour, limit autonomy or movement, suppress mobility or render a person unable to engage meaningfully or exercise control over his or her own body. That is a weakness of this. Mental Health Reform has also called for a comprehensive system-wide review of sedation practices, including therapeutic sedation, rapid tranquilisation and pharmacological restraint. This reflects a long-standing concern of mental health advocates that there is insufficient clarity, consistency and oversight in this area. It is important that the Mental Health Commission code of practice resulting from this is robust and addresses less visible forms of coercion, including over-sedation and the misuse of pro re nata, PRN, or as-needed medication.

I reassure the Deputy this is the first time that pharmacological restraint will be regulated. It was not regulated in the 2001 Act. The regulation will be drafted by the Mental Health Commission, who are the right people to do this. I understand the concerns Mental Health Reform might have raised but at the same time we have to have a workable Bill. We have to have a situation where it is led by the Mental Health Commission and all those working in healthcare will be subject to regulation by that commission.

Seanad agreement agreed to.

Seanad amendment No. 30:

Section 2: In page 17, between lines 35 and 36, to insert the following:

“ “recommendation for involuntary admission” has the meaning assigned to it in section 16;”.

Seanad amendment agreed to.

Seanad amendment No. 31:

Section 2: In page 17, between lines 35 and 36, to insert the following:

“ “register” means—

(a) in relation to a registered acute mental health centre, the Register of acute mental health centres,

(b) in relation to a registered community mental health centre, the Register of community mental health centres, and

“Register of acute mental health centres” has the meaning assigned to it in section 139;

“Register of community mental health centres” has the meaning assigned to it in section 140;

“Register of community mental health services” has the meaning assigned to in section 141;”.

Seanad amendment agreed to.

Seanad Amendments Nos. 32, 94, 145 and 396 are related and will be discussed together.

Seanad amendment No. 32:

Section 2: In page 18, between lines 21 and 22, to insert the following:

“ “relevant advocacy service” means a service which assists or supports a person in expressing his or her will and preferences, or otherwise in making his or her views known, in relation to mental health services being provided to the person;”.

There was extensive debate on the topic of advocacy on Committee Stage over a number of amendments and hours. Following those debates, as well as an amendment tabled by Senator Black, I introduced several amendments on Report Stage in the Seanad in relation to information on advocacy supports. These amendments will ensure that any person admitted under the new Act will be given information in relation to any available advocacy supports. This will apply to both children and adults, ensuring that information on advocacy supports will be available regardless of a person’s age. Importantly, this information will be given to people whether they have been involuntarily admitted or are seeking treatment on a voluntary basis. Just because a person has chosen to admit themselves voluntarily, it does not mean that they will not require some support. These amendments build on the amendment put forward by Senator Black on Committee Stage by extending access to information on advocacy supports to all people admitted to inpatient mental health settings. Advocacy is not provided for in any primary legislation, including older person and disability services. However, advocacy services are now available in those services. Officials in my Department will shortly begin preparations to draft all the necessary regulations to underpin operation of the new Act. I have asked officials to examine how advocacy can be incorporated into these regulations. As I said earlier, I have met with the national advocacy service. It informed me that it already provides support to people with disabilities who use mental health services, most commonly in relation to housing, social protection and other entitlements. I rolled out patient advocacy supports across all nursing homes and have every intention, if I am still in this role, to continue doing that.

Informing people of available advocacy services is a positive but it is not the same as giving them access. One of the concerns I have is if a person is detained and is frightened or overwhelmed, they may not be in a position to navigate the system alone or to use the information that is given to them. For a person in that position, the information is useless unless there is somebody there with them to help them navigate the system. There needs to be independent advocacy. It should be a practical right, not a theoretical option. We need to look at the role of advocates in this regard, even down to things like understanding decisions and communicating effectively the person's will or preference. A legal right to advocacy could build confidence in our mental health system. Far too often, people express to me that they feel excluded and powerless in that system. If we genuinely believe in a rights-based mental health system, advocacy must be independent and available to the person from the first moment they are in a position to avail of it.

Marie Sherlock

I acknowledge there has been progress in this space but I want to flag a concern about the wording around any "relevant advocacy service". This is about how information is disseminated and the manner in which it is received. I hear what the Minister of State is saying about looking at ministerial regulation in this space but if at the heart of this legislation is ensuring greater rights for those accessing mental health services, we can look at other countries, particularly across the water in England, Scotland and Wales, and see that an independent, statutory advocacy service is critical. When we think about people receiving treatment or accessing services, the reference here is far too loose and will not ultimately be effective for patients. I welcome the progress but the destination needs to be a statutory, independent advocacy service.

I want to support the points made by Deputies Sherlock and Clarke and to come back to what I said on independent advocacy and independent complaints. What was the obstacle to enacting independent advocacy and independent complaints? It seems they would be basic parts of human rights-oriented legislation. They seem uncontroversial. I would not imagine there was lobbying against them. It is low-hanging fruit and it is a shame it is not part of it.

I think there is a lot of confusion here. To be honest, there has been a lot of griefing against the patient advocacy services that are being provided. It is important to put this on the record of the Dáil. The patient advocacy service is an independent, free and confidential service which can provide support to people who wish to make a complaint about the care they or a family member has received in a public acute hospital or in a public or private nursing home. It also provides support in the aftermath of a patient safety incident. It currently provides supports for people with disabilities and people who use mental health services. It is being rolled out. That is the first point. I met with it to discuss how we can accelerate and expand it into mental health as quickly as possible. Just so there is doubt that this is not happening, it is happening. The second point is it is in the programme for Government. It is a programme for Government commitment to extend the patient advocacy service to support those accessing public mental health services. I was the person who wrote it into the programme for Government because I was involved in writing the mental health and a lot of the health element of the programme for Government. That is the second piece. Deputy Clarke is so right about how important advocacy is but the difference in this Bill is each person, voluntary or involuntary, is entitled to have a nominated person. That nominated person will be there to support them. The onus is on all of us when the Bill is enacted that people know they are entitled to a nominated person who can support them to access patient advocacy service. I think we are doing a disservice to the patient advocacy service, which is independent, free and confidential and is doing a great job around the country. It has to scale up and it will. I will fund it in the budget and it will happen.

Seanad amendment agreed to.

Seanad amendment No. 33:

Section 2: In page 18, between lines 21 and 22, to insert the following:

“ “relevant carer” means—

(a) in relation to a child the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, the Agency, and

(b) in all other circumstances, the child’s parents, or either of them, or guardian;

“relevant consulted carers” means—

(a) in relation to a child the subject of a care order, the Agency,

(b) in relation to a child the subject of a voluntary care arrangement, an emergency care order or an interim care order—

(i) where the child concerned is a voluntarily admitted child under 16 years of age or a child aged 16 years or older lacking necessary capacity admitted with parental consent—

(I) the Agency, and

(II) his or her parents, or either of them, or guardian,

(ii) where the child concerned is a voluntarily admitted child aged 16 years or older, at the child’s request—

(I) the Agency,

(II) his or her parents, or either of them, or guardian, or

(III) the persons in clauses (I) and (II),

(iii) where the child concerned is an involuntarily admitted child under 16 years of age or is under 16 years of age and the subject of an application for involuntary admission under section 66—

(I) the Agency, and

(II) his or her parents, or either of them, or guardian,

and

(iv) where the child concerned is an involuntarily admitted child aged 16 years or older or is aged 16 years or older and the subject of an application for involuntary admission under section 66, at the child’s request or where, in the opinion of the responsible consultant psychiatrist, it is in the child’s best interests—

(I) the Agency,

(II) his or her parents, or either of them, or guardian, or

(III) the persons in clauses (I) and (II),

and

(i) where the child concerned is a voluntarily admitted child under 16 years of age or a child aged 16 years or older lacking necessary capacity admitted with parental consent, his or her parents, or either of them, or guardian,

(ii) where the child concerned is a voluntarily admitted child aged 16 years or older, at the child’s request, his or her parents, or either of them, or guardian,

(iii) where the child concerned is an involuntarily admitted child under 16 years of age or is under 16 years of age and the subject of an application for involuntary admission under section 66, his or her parents, or either of them, or guardian, and

Seanad amendment agreed to.

Amendments Nos. 34 to 36, inclusive, are related and will be discussed together.

Seanad amendment No. 34:

Section 2: In page 18, line 23, to delete “practitioner,” and substitute “practitioner, or”.

These amendments delete subsection (c) in the definition of "relevant health professionals", which referred to "a registrant" within the meaning of section 3 of the Health and Social Care Professionals Act 2005. Following the Seanad Committee Stage debates, the Mental Health Commission wrote to me regarding this definition. The commission is responsible for drafting all of the rules in relation to the use of restrictive practices, as part of its regulatory function. The commission recently revised its rules in 2023 following an extensive consultation and the input of an expert group. The commission strongly recommended that only a registered medical practitioner or a registered nurse should be considered an appropriate profession to order and supervise the use of a restrictive practice. The commission raised concerns that the list of professions would be expanded too much if professions included under section 3 of the Health and Social Care Act were included and I was happy to take the commission's advice on this.

Seanad amendment agreed to.

Seanad amendment No. 35:

Section 2: In page 18, line 25, to delete “or”.

Seanad amendment agreed to.

Seanad amendment No. 36:

Section 2: In page 18, to delete lines 26 and 27.

Seanad amendment agreed to.

Seanad amendment No. 37:

Section 2: In page 18, line 28, to delete “the application, initiate the application of, or apply,” and substitute “or initiate the application of, or apply,”.

Seanad amendment agreed to.

Seanad amendment No. 38:

Section 2: In page 18, between lines 29 and 30, to insert the following:

“ “relevant notified carers” means—

(a) in relation to a child the subject of a care order, the Agency,

(b) in relation to a child the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, his or her parents, or either of them, or guardian and the Agency, and

Seanad amendment agreed to.

Seanad amendment No. 39:

Section 2: In page 18, line 37, after “mechanical restraint” to insert “, pharmacological restraint”.

Seanad amendment agreed to.

Seanad amendment No. 40:

Section 2: In page 18, after line 38, to insert the following:

“ “review panel” has the meaning assigned to it in section 27;”.

Seanad amendment agreed to.

Seanad amendment No. 41:

Section 2: In page 19, line 11, to delete “means” and substitute “means,”.

Seanad amendment agreed to.

Seanad amendment No. 42:

Section 2: In page 19, between lines 14 and 15, to insert the following:

“ “supervision order” has the meaning assigned to it in section 19 of the Act of 1991;”.

Seanad amendment agreed to.

Seanad amendment No. 43:

Section 2: In page 19, line 15, after “person,” to insert “other than in sections 37 and 78,”.

Seanad amendment agreed to.

Seanad amendment No. 44:

Section 2: In page 19, line 27, to delete “order.” and substitute “order;”.

Seanad amendment agreed to.

Seanad amendment No. 45:

Section 2: In page 19, between lines 27 and 28, to insert the following:

“ “voluntary care arrangement” means a care arrangement under section 4 of the Act of 1991.”.

Seanad amendment agreed to.

Seanad amendments Nos. 46, 51, 220, 227, 231, 235, 236, 240 to 243, inclusive, 246, 247, 251 to 255, inclusive, 259, 270, 314, 316, 319, 321, 390 and 491 are related and may be taken together.

Seanad amendment No. 46:

Section 2: In page 19, between lines 27 and 28, to insert the following:

“(2) In this Act, until such time as section 234 comes into operation, the following modifications shall apply:

(a) a reference to the Family High Court shall be construed as a reference to the High Court with any necessary modifications;

(b) a reference to the Family Circuit Court shall be construed as a reference to the Circuit Court;

(i) the Family District Court, or

(ii) the Family District Court or the District Court,shall be construed as a reference to the District Court with any necessary modifications;

(d) a reference to—

(i) the Family District Court district, or

(ii) the Family District Court district or District Court district,shall be construed as a reference to the District Court district with any necessary modifications;

(e) in section 71(4)—

(i) paragraph (a)(ii) shall not apply, and

(ii) in paragraph (d), the words “a sitting of the Family District Court or” are deleted;

(f) in section 84(3)—

(i) paragraph (a)(ii) shall not apply, and

(ii) in paragraph (d), the words “a sitting of the Family District Court or” are deleted.”.

These amendments relate to the Family Courts Act 2024 and will align court proceedings for children in a mental health context with court proceedings for children in a child protection and a family law context. There are consequential amendments to change references from the Circuit Court to the Family Circuit Court and the High Court to the Family High Court. The alignment with the family courts system is a positive step for all children the subject of court proceedings because the family court is child-friendly and sets out in its guiding principles that the best interests of the child are the primary consideration of the court. This is a system responding to lived experience and aligning the Bill with the Department of justice.

I welcome the clarity with regard to the Child Care Act in particular. Our legislation needs to align. One part cannot be contradictory to another. I have to put the question to the Minister of State in relation to GAL appointments, agency notification and court procedures. We need to see these structures being properly resourced in order that they are able to meet the demand that is there. I know that is not directly related to the legislation we are speaking about but an under-resourced system will have an impact on this legislation if it cannot work effectively.

That is noted. We are co-operating with the Departments of justice and children in regard to this Bill.

Seanad amendment agreed to.

Seanad amendments Nos. 46a, 186 to 188, inclusive, and 472 to 490, inclusive, are related and may be taken together.

Seanad amendment No. 46a:

Section 5: In page 20, to delete lines 23 to 36.

These amendments relate to transitional provisions, so we are getting to the business part of the Bill. These are the sections of a Bill that allow for the transition from an existing Act to a new Act that will replace it. In this case, the existing Act is the Mental Health Act 2001 and the new Act is the Mental Health Act 2026. For example, if the new 2026 Act is commenced on 1 January 2028 - I use that to explain it - there will be a short period of time where the 2001 Act will need to continue in operation. In order to have both the 2001 Act and the 2026 Act operating at the same time, we need transitional provisions. The transitional provisions allow for a 28-day period after the commencement of the 2026 Act in which all people detained under the 2001 Act must be re-examined by a consultant psychiatrist and either discharged or admitted under the new Act. It is common practice to include transitional provisions in legislation. Transitional provisions are timebound and in the case of this Act, they will expire and no longer be in effect after 28 days. These transitional provisions have been the subject of extensive consultation with the Mental Health Commission, as the regulator of mental health services, and the HSE, as the service provider of public mental health services. Furthermore, officials in my Department consulted extensively with the Attorney General's office to ensure that the transitional provisions are legally robust. There are 19 sections in the new Part being introduced on transitional provisions, spread across two Chapters. At any one time there are approximately 250 persons within an public-approved centre, so it is really important we put these transitional provisions in place to make sure that when the transition happens, there is a timeframe available to it. My understanding is that every single person will have to be reassessed by a psychiatrist and that in some cases, people who were involuntarily detained may no longer fit the criteria to be detained involuntarily and their status will change. The period of 28 days, which is the maximum period, has to be allowed in order for that to happen.

In regard to the transition from one framework to another, I will go back to this legislation being people orientated and rights orientated. I have a concern, not so much about the 28 days but about the reassessment of any individual who is there. Given the pressures that exist in the mental health services, as they stand today, I ask the Minister of State to keep a very close eye on what is going on there and to engage with both the staff and professionals in the services but also those who speak on behalf of patients. We do not want to have somebody fall through the cracks because we are saying 28 days is the transition period. I ask the Minister of State to ensure the legal rights of individuals, whether they are voluntarily or involuntarily an inpatient at the moment, are central, protected and that those legal rights really stand up to scrutiny as we are moving from one to the other.

I agree with the Deputy 100% and, to be fair, in one situation when we moved the Central Mental Hospital from Dundrum to where it is located now, which is Portrane, the HSE spent a lot of time making sure it got that right. A lot of planning will have to be put in place when the transition from one Bill to another happens. I will be meeting the new chief executive of the HSE next week to discuss that and I have already discussed it with the Secretary General of the Department of Health. This will be a hugely important piece of work but planning is essential and giving information to all those who will be affected is essential too.

Seanad amendment agreed to.

Seanad amendment No. 47:

Section 6: In page 20, to delete lines 39 and 40 and substitute the following:

“(a) the Act of 2001;

(b) the Mental Health (Amendment) Act 2018.”.

Seanad amendment agreed to.

Seanad amendment No. 48:

Section 7: In page 21, line 2, to delete “Act, shall” and substitute “Act shall,”.

Seanad amendment agreed to.

Seanad amendment No. 49:

Section 9: In page 22, to delete line 11 and substitute the following:

“(ii) any other mental healthcare professional who is not a member of the person’s multidisciplinary team or who is otherwise not involved in the person’s care and treatment,”.

Seanad amendment agreed to.

Seanad amendment No. 50

Section 10: In page 22, line 33, to delete “detention,” and substitute “detention and”.

Seanad amendment agreed to.

Seanad amendment No. 51:

Section 10: In page 22, line 37, after “the” where it firstly occurs to insert “Family District Court or”.

Seanad amendment agreed to.

Seanad amendment No. 52:

Section 10: In page 23, to delete lines 6 to 20 and substitute the following:

“(c) that in the case of a child who is aged 16 years or older—

(i) it shall be presumed that the child has the necessary maturity and capacity to make decisions affecting himself or herself in relation to his or her admission, care and treatment under this Act, and

(ii) the views of the parents or guardian or the Agency shall be recorded;

(d) that in the case of a child who is under 16 years of age and is capable of forming his or her own views, where practicable—

(i) the child shall be consulted at each stage of diagnosis and treatment,

(ii) the views and will and preferences of the child shall be recorded and given due regard, and

(iii) regard shall be given to the age and maturity of the child;”.

Amendment No. 52 is being introduced for the avoidance of doubt to state plainly that young people over the age of 16 shall be presumed to have the capacity to make decisions about their care and treatment, unless shown otherwise. Where a young person has capacity, the views of their parents are to be recorded but cannot supersede the views of the young person.

Seanad amendment agreed to.

Seanad amendment No. 53:

Section 11: In page 24, between lines 10 and 11, to insert the following:

“ “designated healthcare representative” has the same meaning as it has in section 2 of the Act of 2015;”

Seanad amendment agreed to.

Seanad amendment No. 54:

Section 11: In page 24, to delete lines 12 and 13.

Seanad amendment agreed to.

Seanad amendment No. 55:

Section 11: In page 24, line 19, to delete “means” and substitute “means,”.

Seanad amendment agreed to.

Seanad amendment No. 56:

Section 11: In page 24, to delete lines 28 and 29.

Seanad amendment agreed to.

Seanad amendment No. 57:

Section 12: In page 25, line 26, after “to” to insert “materially”.

Seanad amendment agreed to.

Seanad amendment No. 58:

Section 13: In page 26, to delete lines 19 and 20.

Seanad amendment agreed to.

Seanad amendment No. 59:

Section 13: In page 26, to delete lines 21 to 25 and substitute the following:

“(d) is a spouse of the person, the subject of the application—

(i) who is living separately and apart from the person concerned, or

(ii) in respect of whom—

(I) an application for an order has been made but not yet determined under the Act of 2018, or

(II) an order has been made under the Act of 2018,”.

Seanad amendment agreed to.

Seanad amendment No. 60:

Section 13: In page 26, line 27, to delete “in paragraphs (b) and (c)” and substitute “in paragraph (b)”.

Seanad amendment agreed to.

Seanad amendment No. 61:

Section 13: In page 26, line 30, to delete “particular,” and substitute “particular”.

Seanad amendment agreed to.

Seanad amendment No. 62:

Section 14: In page 27, line 4, to delete “purpose” and substitute “purpose,”.

Seanad amendment agreed to.

Seanad amendment No. 63:

Section 14: In page 27, line 13, to delete “may” and substitute “shall”.

Seanad amendment agreed to.

Seanad amendment No. 64:

Section 14: In page 28, line 20, to delete “particular,” and substitute “particular”.

Seanad amendment agreed to.

Seanad amendment No. 65:

Section 14: In page 28, line 26, to delete “the person, or a spouse” and substitute “the person or a spouse”.

Seanad amendment agreed to.

Seanad amendment No. 66:

Section 15: In page 28, line 35, to delete “Part” and substitute “Act”.

Seanad amendment agreed to.

Seanad amendment No. 67:

Section 15: In page 29, to delete lines 5 to 9.

Seanad amendment agreed to.

Seanad amendment No. 68:

Section 15: In page 29, line 10, to delete “paragraphs (b) and” and substitute “paragraph (b) or”.

Seanad amendment agreed to.

Seanad amendment No. 69:

Section 15: In page 29, line 22, to delete “particular,” and substitute “particular”.

Seanad amendment agreed to.

Seanad amendment No. 70:

Section 16: In page 30, line 5, to delete “application” and substitute “application,”.

Seanad amendment agreed to.

Seanad amendment No. 71:

Section 16: In page 30, line 20, to delete “Part” and substitute “Act”.

Seanad amendment agreed to.

Seanad amendment No. 72:

Section 17: In page 31, line 25, to delete “insofar” and substitute “in so far”.

Seanad amendment agreed to.

Seanad amendment No. 73:

Section 17: In page 31, line 29, to delete “request, or the application” and substitute “request or the direct application”.

Seanad amendment agreed to.

Seanad amendment No. 74:

Section 17: In page 31, line 29, to delete “concerned” and substitute “concerned,”.

Seanad amendment agreed to.

Amendment Nos. 75, 77, 79, 82, 85, 88, 98, 104, 108, 119, 120, 133, 139, 142 to 144, inclusive, 152, 154, 157, 158, 161 to 163, inclusive, 202, 206, 210, 218, 224, 226, 234, 239, 248, 250, 256, 268, 272, 273, 279, 303, 327, 348, 354, 357, 368, 369, 378, 384, 394, 399, 420, 433 and 458 to 461, inclusive, are related and will be discussed together.

Seanad amendment No. 75:

Section 18: In page 32, line 7, after “(5)” to insert “, subject to and in accordance with subsections (6) and (7), as applicable,”.

These amendments correct cross-references following amendments to the Bill on Committee and Report Stages in the Seanad.

Seanad amendment agreed to.

Seanad amendment No. 76:

Section 18: In page 32, line 14, to delete “Inspector” and substitute “inspector”.

Seanad amendment agreed to.

Seanad amendment No. 77:

Section 18: In page 32, lines 15 and 16, to delete “subsections (3) to (7) may be carried out” and substitute “subsections (3) and (5) may be carried out, subject to and in accordance with subsections (6) and (7), as applicable”.

Seanad amendment agreed to.

Seanad amendment No. 78:

Section 18: In page 32, line 41, to delete “application for involuntary admission” and substitute “an application for a recommendation for involuntary admission”.

Seanad amendment agreed to.

Seanad amendment No. 79:

Section 18: In page 33, line 39, to delete “74,” and substitute “74, 76,”.

Seanad amendment agreed to.

Seanad amendment No. 80:

Section 19: In page 34, line 32, to delete “concerned,”.

Seanad amendment agreed to.

Seanad amendment No. 81:

Section 20: In page 35, to delete lines 15 to 18 and substitute the following:

“(a) the bringing of persons, other than children, to the registered acute mental health centre pursuant to section 19 or 21;

(b) the bringing of children to the registered acute mental health centre pursuant to sections 74 or 77;

(c) the bringing back of persons, other than children, to the registered acute mental health centre pursuant to section 21 or 40;

(d) the bringing back of children to the registered acute mental health centre pursuant to section 78.”.

Seanad amendment agreed to.

Seanad amendment No. 82:

Section 20: In page 35, line 27, after “40” to insert “, 76, 77”.

Seanad amendment agreed to.

Seanad amendment No. 83:

Section 22: In page 36, line 39, to delete “detention,” and substitute “detention”.

Seanad amendment agreed to.

Seanad amendment No. 84:

Section 23: In page 37, line 20, to delete “detention,” and substitute “detention and”.

Seanad amendment agreed to.

Seanad amendment No. 85:

Section 23: In page 37, line 22, to delete “subsection (2), or section 32,” and substitute “subsections (2) and (3) and section 32”.

Seanad amendment agreed to.

Seanad amendment No. 86:

Section 23: In page 37, line 28, after “The” to insert “further”.

Seanad amendment agreed to.

Seanad amendments Nos. 87, 89, 92, 138, 140, 194, 262 and 298 are related and will be discussed together.

Seanad amendment No. 87:

Section 23: In page 37, lines 31 and 32, to delete “consultant psychiatrist responsible for the care and treatment of an involuntarily admitted person” and substitute “responsible consultant psychiatrist”.

These amendments are minor wording changes adding "responsible" in front of "consultant psychiatrist" in some instances. These amendments are to ensure consistency in language across the Bill.

Seanad amendment agreed to.

Seanad amendment No. 88:

Section 23: In page 37, line 33, to delete “this section” and substitute “subsection (2) or (3)”.

Seanad amendment agreed to.

Seanad amendment No. 89:

Section 23: In page 37, line 33, after “the” to insert “responsible”.

Seanad amendment agreed to.

Seanad amendment No. 90:

Section 25: In page 38, line 15, to delete “and any” and substitute “or any subsequent”.

Seanad amendment agreed to.

Seanad amendment No. 91:

Section 25: In page 38, to delete lines 17 and 18 and substitute “involuntarily admitted person concerned a copy of the involuntary admission order or renewal order, as the case may be.”.

Seanad amendment agreed to.

Seanad amendment No. 92:

Section 25: In page 38, lines 19 and 20, to delete “consultant psychiatrist responsible for the care and treatment of an involuntarily admitted person” and substitute “responsible consultant psychiatrist”.

Seanad amendment agreed to.

Seanad amendment No. 93:

Section 25: In page 38, to delete lines 24 and 25 and substitute the following:

“(3) A notice under subsection (2) shall include a statement in writing and in a form and language that may reasonably be understood by the involuntarily admitted person concerned, to the effect that he or she—”.

Seanad amendment agreed to.

Seanad amendment No. 94:

Section 25: In page 38, between lines 37 and 38, to insert the following:

“(g) is informed of any relevant advocacy services,”.

Seanad amendment agreed to.

Seanad amendment No. 95:

Section 25: In page 39, line 25, to delete “of Part 7”.

Seanad amendment agreed to.

Amendment Nos. 96, 129, 132, 137, 150, 153, 200, 271, 328, 366 and 344 are related and will be discussed together.

Seanad amendment No. 96:

Section 26: In page 39, line 37, to delete “record” and substitute “records”.

These are technical amendments to replace the word "record" with "records" where it occurs throughout the Bill.

Seanad amendment agreed to.

Seanad amendment No. 97:

Section 27: In page 40, line 18, to delete “of”.

Seanad amendment agreed to.

Seanad amendment No. 98:

Section 29: In page 43, line 16, to delete “paragraph (b)” and substitute “paragraph (a)”.

Seanad amendment agreed to.

Seanad amendment No. 99:

Section 31: In page 46, line 11, after “report” to insert “to the Commission”.

Seanad amendment agreed to.

Seanad amendment No. 100:

Section 31: In page 46, line 12, to delete “prescribed to the Commission” and substitute “specified by the Commission”.

Seanad amendment agreed to.

Seanad amendment No. 101:

Section 31: In page 46, line 28, to delete “reviews” and substitute “review”.

Seanad amendment agreed to.

Seanad amendment No. 102:

Section 31: In page 46, lines 32 and 33, to delete all words from and including “psychiatrists,” in line 32 down to and including line 33 and substitute “psychiatrists.”.

Seanad amendment agreed to.

Seanad amendment No. 103:

Section 31: In page 47, line 2, to delete “a copy of the person’s medical record and”.

Seanad amendment agreed to.

Seanad amendment No. 104:

Section 32: In page 47, line 15, to delete “sections 9 to 24 and 38” and substitute “sections 9, 12 to 26 and 38”.

Seanad amendment agreed to.

Seanad amendment No. 105:

Section 32: In page 47, to delete line 23, and substitute the following:

"(3) Subject to subsection (4), the review board".

Seanad amendment agreed to.

Seanad amendment No.106:

Section 32: In page 47, line 26, to delete "which period shall not be less than 14 days".

Seanad amendment agreed to.

Seanad amendment No. 107:

Section 32: In page 48, line 28, after "and" to insert "the".

Seanad amendment agreed to.

Seanad amendment No. 108:

Section 33: In page 48, line 36, to delete "sections 9 to 24 and 38" and substitute "sections 9, 12 to 26 and 38".

Seanad amendment agreed to.

Seanad amendment No. 109:

Section 33: In page 49, to delete lines 26 and 27 and substitute the following:

"(7) Notice of an appeal under subsection (1) and a copy of the proceedings shall be served by the person bringing the appeal on—

(a) the review board,".

Seanad amendment agreed to.

Seanad amendment No. 110:

Section 33: In page 49, line 31, to delete "shall" and substitute "may".

Seanad amendment agreed to.

Seanad amendment No. 111:

Section 33: In page 49, lines 33 and 34, to delete "or any other person on whom notice is served under subsection (7)".

Seanad amendment agreed to.

Seanad amendment No. 112:

Section 34: In page 51, line 3, to delete "and".

Seanad amendment agreed to.

Seanad amendment No. 113:

Section 34: In page 51, line 6, to delete "request." and substitute "request, and".

Seanad amendment agreed to.

Seanad amendment No. 114.

Section 34: In page 51, between lines 6 and 7, to insert the following:

"(c) provide a copy of the request and his or her decision to the Commission.".

Seanad amendment agreed to.

Seanad amendment No. 115:

Section 35: In page 51, line 25, to delete "or other designated centre".

Seanad amendment agreed to.

Seanad amendment No. 116:

Section 35: In page 51, to delete all words from and including "or" in line 41 to "the case may be," in line 1, page 52.

Seanad amendment agreed to.

Seanad amendment No. 117:

Section 36: In page 52, line 36, to delete "subject to subsection (10), set the time and date for the hearing" and substitute "set the time and date for the review to be heard in accordance with subsection (9)".

Seanad amendment agreed to.

Seanad amendment No. 118:

Section 36: In page 53, line 20, to delete "a" and substitute "the".

Seanad amendment agreed to.

Seanad amendment No. 119

Section 36: In page 53, line 24, to delete "subsection (7)" and substitute "subsection (6)".

Seanad amendment agreed to.

Seanad amendment No. 120:

Section 36: In page 53, line 31, to delete "sections 9, 13, 14, 15, 16, 18, 19, 20, 22, 23, 25, 31, 32, 33 and 38" and substitute "sections 29, 30, 31 and 33".

Seanad amendment agreed to.

Seanad amendment No. 121:

Section 36: In page 54, lines 4 to 10, to delete all words from and including "until" in line 4 down to and including line 10 and substitute the following:

"until—

(a) the expiry of the order detaining the person, or

(b) the expiry of any subsequent renewal order where, in advance of the making of the renewal order concerned—

(i) the clinical director of the registered acute mental health centre from which the person was transferred approves a further period of detention, and

(ii) the clinical director of the Central Mental Hospital has consented in writing to the further detention.".

Seanad amendment agreed to.

Seanad amendment No. 122:

Section 36: In page 54, lines 11 and 12, to delete "paragraph (a) of subsection (14) and a consent under paragraph (b)" and substitute "subparagraph (i) of subsection (14)(b) and a consent under subparagraph (ii)".

Seanad amendment agreed to.

Seanad amendment No. 123:

Section 36: In page 54, line 20, after "shall" to insert "prepare and".

Seanad amendment agreed to.

Seanad amendment No. 124:

Section 37: In page 54, line 32, after "treatment" to insert ", but no longer than the expiry of the involuntary admission order or any subsequent renewal order pursuant to which he or she is detained,".

Seanad amendment agreed to.

Seanad amendment No. 125:

Section 38: In page 55, line 2, to delete "(7)" and substitute "(7),".

Seanad amendment agreed to.

Seanad amendment No. 126:

Section 38: In page 55, line 10, to delete "detention" and substitute "admission".

Seanad amendment agreed to.

Seanad amendment No. 127:

Section 38: In page 55, line 12, to delete "decision," and substitute "decision and".

Seanad amendment agreed to.

Seanad amendment No. 128:

Section 38: In page 55, line 14, after "decision" to insert "shall be".

Seanad amendment agreed to.

Seanad amendment No. 129:

Section 38: In page 55, line 14, to delete "record" where it secondly occurs and substitute "records".

Seanad amendment agreed to.

Seanad amendment No. 130:

Section 38: In page 55, line 26, to delete "certify in writing" and substitute "issue a certificate in writing".

Seanad amendment agreed to.

Seanad amendment No. 131:

Section 38: In page 55, line 35, to delete "detention," and substitute "detention".

Seanad amendment agreed to.

Seanad amendment No. 132:

Section 38: In page 56, line 5, to delete "record" and substitute "records".

Seanad amendment agreed to.

Seanad amendment No. 133:

Section 38: In page 56, line 8, to delete "Sections 23 to 37" and substitute "Sections 22(4), 23 to 37, 39, 40 and 41".

Seanad amendment agreed to.

Seanad amendment No. 134:

Section 39: In page 56, line 15, to delete "Part" and substitute "Act".

Seanad amendment agreed to.

Seanad amendment No. 135:

Section 39: In page 56, line 23, after "of" to insert "the".

Seanad amendment agreed to.

Seanad amendment No. 136:

Section 39: In page 56, line 34, after "shall" to insert "prepare and".

Seanad amendment agreed to.

Seanad amendment No. 137:

Section 41: In page 58, line 14, to delete "record" and substitute "records".

Seanad amendment agreed to.

Seanad amendment No. 138:

Section 41: In page 58, line 20, after "her" to insert "responsible".

Seanad amendment agreed to.

Seanad amendment No. 139:

Section 41: In page 58, line 21, before "is" to insert "subject to subsections (9) to (12) and (14),".

Seanad amendment agreed to.

Seanad amendment No. 140:

Section 41: In page 58, line 26, before "consultant psychiatrist" to insert "responsible".

Seanad amendment agreed to.

Seanad amendment No. 141:

Section 41: In page 58, to delete lines 30 to 41 and substitute the following:

"(9) Subject to subsection (10), where an order is revoked under subsection (1) in respect of a person and the order has been referred to a review board under section 31 but the time and date has not been scheduled for the hearing of the review of the detention by the review board or the hearing has not commenced, the hearing by the review board shall not commence unless the person the subject of the order or his or her legal representative requests by notice in writing addressed to the Commission, as soon as practicable, but no later than 14 days after the date of the revocation of the order, that the review be completed.

(10) Where an order is revoked under subsection (1) and the revocation takes place within 48 hours before the time and date scheduled for the hearing of the review of the detention by the review board, the review shall continue at the time and date scheduled if the person or his or her legal representative submits a request in writing to the Commission to confirm that he or she wishes the hearing to proceed on that date.

(11) Where no request for the hearing to proceed is received under subsection (10), the review shall be discontinued.

(12) Where a person or his or her legal representative requests under subsection (9) that a review be completed, that review shall take place within 21 days of the date the request is made.".

Seanad amendment agreed to.

Seanad amendment No. 142:

Section 41: In page 59, line 5, to delete "section 32(1)" and substitute "section 32(2)".

Seanad amendment No. 143:

Section 41: In page 59, line 7, after "subsection (9)" to insert "or (10)".

Seanad amendment agreed to.

Seanad amendment No. 144:

Section 41: In page 59, line 9, to delete "sections 9 to 24 and 38" and substitute "sections 9, 12 to 26 and 38".

Seanad amendment agreed to.

Seanad amendment No. 145:

Section 42: In page 59, between lines 38 and 39, to insert the following:

"(f) is informed of any relevant advocacy services,".

Seanad amendment agreed to.

Seanad amendment No. 146:

Section 46: In page 61, line 16, after "shall" to insert ", as soon as practicable,".

Seanad amendment agreed to.

Seanad amendment No. 147:

Section 46: In page 61, line 30, to delete "to refuse" and substitute "refuse".

Seanad amendment agreed to.

Seanad amendment No. 148:

Section 46: In page 61, between lines 36 and 37, to insert the following:

"(6) A capacity assessment and, where applicable, a second capacity assessment shall be—

(a) arranged for and carried out as soon as practicable, and

(b) carried out regularly, with the frequency of review based on the individual needs of the person concerned, and in any event not less than once every 14 days, to assess whether the person continues to lack the necessary capacity to consent to or refuse treatment.".

Seanad amendment agreed to.

Seanad amendment No. 149:

Section 46: In page 61, line 37, after "second capacity assessment" to insert "of a person".

Seanad amendment agreed to.

Seanad amendment No. 150:

Section 46: In page 61, line 38, to delete "record" and substitute "records".

Seanad amendment agreed to.

Seanad amendment No. 151:

Section 47: In page 62, line 25, to delete "involuntary" and substitute "involuntarily".

Seanad amendment agreed to.

Seanad amendment No. 152:

Section 47: In page 62, lines 27 and 28, to delete "section 48, 49 or 50" and substitute "section 48, 50 or 51".

Seanad amendment agreed to.

Seanad amendment No. 153:

Section 47: In page 62, line 31, to delete "record" and substitute "records".

Seanad amendment agreed to.

Seanad amendment No. 154:

Section 48: In page 62, line 33, to delete "subsections (2), (3), (4), (5) and (8)" and substitute "subsections (2) to (6) and (9)".

Seanad amendment agreed to.

Seanad amendment No. 155:

Section 48: In page 63, line 10, after "to" to insert "materially".

Seanad amendment agreed to.

Seanad amendment No. 156:

Section 48: In page 63, between lines 12 and 13, to insert the following:

"(3) Where treatment is being administered to a person under subsection (1)(b)—

(a) a capacity assessment and a second capacity assessment shall be completed no later than 72 hours after the initiation of treatment, and

(b) the administration of treatment under that subsection shall be discontinued immediately where the person is assessed as not lacking capacity to consent to or refuse treatment after either the capacity assessment or the second capacity assessment.".

Seanad amendment agreed to.

Seanad amendment No. 157:

Section 48: In page 63, line 34, after "or" to insert ", where extended under subsection (4), the".

Seanad amendment agreed to.

Seanad amendment No. 158:

Section 48: In page 64, line 1, after "or" to insert ", where extended under subsection (4), the".

Seanad amendment agreed to.

Seanad amendment No. 159:

Section 48: In page 64, line 2, to delete "and a person" and substitute "in respect of an involuntarily admitted person and that person".

Seanad amendment agreed to.

Seanad amendment No. 160:

Section 48: In page 64, lines 3 and 4, to delete "responsible consultant psychiatrist" and substitute "registered proprietor".

Seanad amendment agreed to.

Seanad amendment No. 161:

Section 48: In page 64, line 4, after "or" to insert ", where extended under subsection (4), the".

Seanad amendment agreed to.

Seanad amendment No. 162:

Section 48: In page 64, line 7, to delete "or any" and substitute "or, where extended under subsection (4), the".

Seanad amendment agreed to.

Seanad amendment No. 163:

Section 48: In page 64, line 8, to delete "section 45, 47, 50 or 51" and substitute "section 44, 45, 47, 50 or 51,".

Seanad amendment agreed to.

Seanad amendment No. 164:

Section 49: In page 64, line 21, to delete "responsible consultant psychiatrist" and substitute "registered proprietor".

Seanad amendment agreed to.

Seanad amendment No. 165:

Section 49: In page 64, line 22, after "2015" to insert "as soon as practicable and".

Seanad amendment agreed to.

Seanad amendment No. 166:

Section 49: In page 64, between lines 24 and 25, to insert the following:

"(2) An application to the Circuit Court made under subsection (1) shall be withdrawn by the registered proprietor where—

(a) the person the subject of the application is discharged as an involuntarily admitted person, or

(b) the person the subject of the application is assessed under section 46 to have capacity to consent to or refuse treatment.".

Seanad amendment agreed to.

Seanad amendment No. 167:

Section 50: In page 64, line 27, to delete "(2)," and substitute "(2)".

Seanad amendment agreed to.

Seanad amendment No. 168:

Section 50: In page 64, line 27, to delete "the involuntarily admitted person concerned" and substitute "an involuntarily admitted person".

Seanad amendment agreed to.

Seanad amendment No. 169:

Section 50: In page 64, line 28, to delete "an involuntarily" and substitute "the involuntarily".

Seanad amendment agreed to.

Seanad amendment No. 170:

Section 50: In page 64, line 31, to delete . "after the initial treatment period and any" and substitute "outside of the initial treatment period or, where extended under section 48(3), the".

Seanad amendment agreed to.

Seanad amendment No. 171:

Section 50: In page 64, line 34, after "where" to insert "there is no alternative safe and effective treatment available and".

Seanad amendment agreed to.

Seanad amendment No. 172:

Section 50: In page 65, line 4, after "to" to insert "materially".

Seanad amendment agreed to.

Seanad amendment No. 173:

Section 50: In page 65, line 5, to delete "person," and substitute "person.".

Seanad amendment agreed to.

Seanad amendment No. 174:

Section 50: In page 65, to delete line 6.

Seanad amendment agreed to.

Seanad amendment No. 175:

Section 50: In page 65, between lines 6 and 7, to insert the following:

"(3) Where treatment is being administered to a person under subsection (1)(b)—

(a) a capacity assessment and a second capacity assessment shall be completed no later than 72 hours after the initiation of treatment, and

Seanad amendment agreed to.

Seanad amendment No. 176:

Section 51: In page 65, line 34, to delete "responsible consultant psychiatrist" and substitute "registered proprietor of the registered acute mental health centre concerned".

Seanad amendment agreed to.

Seanad amendment No. 177:

Section 51: In page 66, line 17, to delete "he or she" and substitute "and".

Seanad amendment agreed to.

Seanad amendment No. 178:

Section 51: In page 66, line 24, to delete "responsible consultant psychiatrist" and substitute "registered proprietor of the registered acute mental health centre concerned".

Seanad amendment agreed to.

Seanad amendment No. 179:

Section 51: In page 66, to delete lines 28 to 34.

Seanad amendment agreed to.

Seanad amendment No. 180:

Section 52: In page 67, lines 4 and 5, to delete "found to lack capacity to give consent to a proposed treatment under section 46, then" and substitute "found under section 46 to lack the necessary capacity to give consent to a proposed treatment of electro-convulsive therapy, then".

Seanad amendment agreed to.

Seanad amendment No. 181:

Section 54: In page 68, line 17, to delete “is, to” and substitute “is to”.

Seanad amendment agreed to.

Seanad amendment No. 182:

Section 57: In page 69, lines 22 and 23, to delete “which in the opinion of the consultant psychiatrist or relevant health professional expects will” and substitute “which, in the opinion of the consultant psychiatrist or relevant health professional, will”.

Seanad amendment agreed to.

Seanad amendment No. 183:

Section 57: In page 69, between lines 24 and 25, to insert the following:

“(3) The consultant psychiatrist or the relevant health professional who orders, initiates or applies a restrictive practice in respect of a person shall have due regard to—

(a) the will and preferences of the person regarding the application of the restrictive practice, and

(b) the view of any nominated person in relation to such will and preferences,

and such will and preferences and views shall be recorded in writing in the person’s medical record and care plan.”.

Seanad amendment agreed to.

Seanad amendment No. 184:

Section 57: In page 69, between lines 6 and 7, to insert the following:

“Pharmacological restraint

57. A pharmacological restraint shall not be applied in respect of a person receiving treatment in a registered acute mental health centre or designated centre unless—

(a) the restraint is ordered by a consultant psychiatrist only,

(b) the restraint is initiated by a relevant health professional,

(d) the application of such restraint is determined by the consultant psychiatrist, in accordance with regulations made under section 58, to be necessary where there is an immediate threat of serious harm to the person or to another person, and

(e) the pharmacological restraint concerned complies with regulations under section 58.”.

Seanad amendment agreed to.

Seanad amendment No. 185:

Section 59: In page 71, between lines 9 and 10, to insert the following:

“Interpretation

59. For the avoidance of doubt, in this Part, a child that is the subject of an emergency care order, an interim care order, a supervision order or a voluntary care arrangement shall be treated the same as a child who is not the subject of a care order, unless otherwise provided.”.

Seanad amendment agreed to.

Seanad amendment No. 186:

Section 60: In page 71, lines 13 to 18, to delete all words from and including “(1) The” in line 13 down to and including line 18 and substitute the following:

“(1) Sections 21, 22, 24, 24A, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35A to 35Q, 37 and 47 of the Act of 1991 shall, subject to the modifications specified in subsection (2), apply to proceedings under this Part as they apply to proceedings to which those sections apply.

(2) The modifications referred to in subsection (1) are as follows:

(a) references in a section specified in that subsection to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of the Act of 1991 shall be construed as references to proceedings or an order under this Part;

(b) references in sections 29, 35F and 35G of the Act of 1991 to the Agency shall be construed as references to—

(i) where the child is the subject of a care order, the Executive and the Agency, and

(ii) in all other instances, the Executive;

(c) references in section 34 of the Act of 1991 to an order made under Part III or Part IV of that Act and to the Agency shall be construed as references to an involuntary admission order made under section 66 and to the Executive respectively;

(d) references in section 35 of the Act of 1991 to an order made under Part IV of that Act and to the Agency shall be construed as references to an involuntary admission order made under section 66 and to the Executive respectively;

(e) in section 35B of the Act of 1991—

(i) references in subsection (2) of that section to proceedings under Part IVA and to the Family High Court shall be construed as references to proceedings under section 66 and to the Family District Court or District Court respectively, and

(ii) references in subsection (3) of that section to proceedings under Part IV, IVB or VI and to the Family District Court or the Family Circuit Court shall be construed as references to proceedings under section 62(2) and 64(2) and to the Family District Court or District Court respectively;

(f) in section 35D of the Act of 1991—

(i) the reference in subsection (1) of that section to proceedings under Part IVA of that Act shall be construed as a reference to proceedings under section 66, and

(ii) the reference in subsection (2) of that section to proceedings under Part IV, IVB or VI of that Act shall be construed as a reference to an application under section 62(2) or 64(2);

(g) in section 35H of the Act of 1991—

(i) references in subsection (1) of that section to a special care order and in subsection (6) of that section to a subsequent care order shall be construed as references to an involuntary admission order made under section 66 and a renewal order made under section 67 respectively, and references in subsection (1) or (6) of that section to the Family High Court shall be construed as references to the Family District Court or the District Court, and

(ii) references in subsection (2) of that section to the Family District Court or the Family Circuit Court and an application under section 18(1) of that Act for a care order shall be construed as references to the Family District Court or District Court and an application under section 62(2) or section 64(2) respectively;

(h) references in section 35K of the Act of 1991 to “the Minister” shall be construed as references to the Minister and the Minister for Children, Disability and Equality;

(i) references in section 37 of the Act of 1991 to an order under Part III or IV of that SECTION 60

Act shall be construed as references to an involuntary admission order made under section 66;

(j) any other necessary modifications.”.

Seanad amendment agreed to.

Seanad amendment No. 187:

Section 60: In page 71, to delete lines 19 to 21 and substitute the following:

“(2) References in sections 18(3) and 43A of the Act of 1991 to a person having authority to consent to psychiatric examination, treatment or assessment shall, in respect of admission, detention, care and treatment under this Part, be subject to the provisions of this Act.

(3) References in sections 13(7) and 19(4) of the Act of 1991 to psychiatric examination, treatment or assessment do not include references to treatment under this Act.”.

Seanad amendment agreed to.

Seanad amendment No. 188:

Section 60: In page 71, between lines 21 and 22, to insert the following:

“(3) Where a child is the subject of a special care order (within the meaning of the Act of 1991) or an interim special care order (within the meaning of the Act of 1991), he or she may be admitted to a registered acute mental health centre and treated under this Act as if he or she was the subject of a care order, with the modification that references to an application to—

(a) the District Court or the Family District Court under section 62(2), 64(2), 66, 67, 70, 71 or 79,

(b) the Family Circuit Court under section 69, or

shall be construed as references to an application to the High Court or Family High Court under section 23NF(1) of the Act of 1991 to authorise the release of the child from the special care unit for the provision of psychiatric examination, treatment or assessment and with any other necessary modifications.”.

Seanad amendment agreed to.

Seanad amendment No. 189:

Section 61: In page 71, line 27, after “professional,” to insert “and”.

Seanad amendment agreed to.

Seanad amendment No. 190:

Section 61: In page 71, to delete lines 28 and 29 and substitute the following:

“(b) the child’s parents or guardian or the Agency,”.

Seanad amendment agreed to.

Seanad amendment No. 191:

Section 61: In page 71, line 30, to delete “considers” and substitute “consider”.

Seanad amendment agreed to.

Seanad amendment No. 192:

Section 61: In page 71, lines 30 and 31, to delete “, or refuse to consent to,” and substitute “or refuse”.

Seanad amendment agreed to.

Seanad amendment No. 193:

Section 61: In page 72, line 4, to delete “, or refuse to consent to,” and substitute “or refuse”.

Seanad amendment agreed to.

Seanad amendment No. 194:

Section 61: In page 72, line 5, to insert “responsible” before “consultant psychiatrist”.

Seanad amendment agreed to.

Seanad amendment No. 195:

Section 61: In page 72, line 6, to delete “a second consultant” and substitute “another consultant”.

Seanad amendment agreed to.

Seanad amendment No. 196:

Section 61: In page 72, lines 13 and 14, to delete “, or refuse to consent to,” and substitute “or refuse”.

Seanad amendment agreed to.

Amendments Nos. 197 and 212 to 214, inclusive, are related and will be discussed together.

Seanad amendment No. 197:

Section 61: In page 72, between lines 15 and 16, to insert the following:

“(5) A capacity assessment and, where applicable, a second capacity assessment shall be—

(a) arranged for and carried out as soon as practicable, and

(b) carried out regularly, with the frequency of review based on the individual needs of the child concerned, and in any event not less than once every 14 days, to assess whether the child continues to lack the necessary capacity to consent to or refuse treatment.”.

This grouping relates generally to children aged 16 or 17 who have been assessed as lacking capacity under the Bill. This is not a new policy but instead places the provision in a more appropriate section. It provides that where a capacity assessment is being carried out on a child, it is done as soon as practicable, regularly to meet the individual child’s needs, but not less than once every 14 days. This an important safeguard to ensure that the capacity of young people aged 16 and 17 is assessed frequently.

Seanad amendment agreed to.

Seanad amendment No. 198:

Section 61: In page 72, line 16, after “of” to insert “a capacity assessment under subsection (1) or”.

Seanad amendment agreed to.

Seanad amendment No. 199:

Section 61: In page 72, lines 18 and 19, to delete “, or refuse to consent to,” and substitute “or refuse”.

Seanad amendment agreed to.

Seanad amendment No. 200:

Section 61: In page 72, line 22, to delete “record” and substitute “records”.

Seanad amendment agreed to.

Seanad amendment No. 201:

Section 61: In page 72, to delete lines 25 and 26 and substitute the following:

“(a) his or her relevant consulted carers, or”.

Seanad amendment agreed to.

Seanad amendment No. 202:

Section 61: In page 72, line 28, to delete “(a), (b) and (c)” and substitute “(a) and (b)”.

Seanad amendment agreed to.

Amendments Nos. 203 and 204 are related and will be discussed together.

Seanad amendment No. 203:

Section 62: In page 72, to delete lines 39 to 41, and in page 73, to delete lines 1 to 5 and substitute the following:

“(2) Where a child referred to in subsection (1) is the subject of a care order, the Executive may, with the agreement of the responsible consultant psychiatrist and with the consent of and on notice to the Agency, apply to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being and, where the Court is satisfied that it is in the best interests of the child to be so admitted, the Court shall make an order authorising the admission of that child to the registered acute mental health centre.

(3) Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application under subsection (2) is proposed, the Executive shall notify the guardian ad litem of the proposed application in advance.”.

The two amendments in this grouping do not represent a significant change in policy from the Bill, as passed by the Dáil, but have been included to clarify what should happen for voluntarily admitted children who are in the care of Tusla. Amendment No. 203 provides for children who are in the care system to be admitted for inpatient mental health treatment on a voluntary basis, with the consent of Tusla, where it is in the best interests of the child. This admission is done by way of application to the Family District Court. The Family District Court judge will, in all cases, consider whether the appointment of a guardian ad litem is appropriate and in the best interests of the child. Amendment No. 204 replaces subsections of the Bill, as published by the Dáil, with new subsections. These new subsections clearly state that children under 16 years of age may only be discharged with the consent of their parent, guardian or the Child and Family Agency where they are the subject of a care order and that they must be discharged into the care of their parents, guardian or the Child and Family Agency, as appropriate. These amendments will ensure that there are appropriate legal safeguards in place for children who are being transferred from the care of one State body to another. I believe it is an important protection to have such admissions decided on by the Court.

Seanad amendment agreed to.

Seanad amendment No. 204.

Section 62: In page 73, to delete lines 6 to 10 and substitute the following:

“(3) Subject to subsection (4) and section 71, a voluntarily admitted child under 16 years of age may leave the registered acute mental health centre at any time into the care of his or her relevant carer, with the consent of his or her parents or guardian or the Agency.

(4) The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order leaves a registered acute mental health centre under subsection (4).

(5) Where a child under 16 years of age admitted to a registered acute mental health centre under this section may continue to require care and treatment in the registered acute mental health centre after attaining the age of 16, his or her responsible consultant psychiatrist shall, in consultation with the child, his or her parents or guardian or the Agency and the Executive, as appropriate, arrange for the child to be admitted under section 63, 64 or 66 or discharged under this section, as the case may be, immediately upon the child attaining the age of 16.”.

Seanad amendment agreed to.

Seanad amendment No. 205:

Section 63: In page 73, line 15, to delete “, or refuse to consent to,” and substitute “or refuse”.

Seanad amendment agreed to.

Seanad amendment No. 206:

Section 63: In page 73, line 19, to delete “who is the subject of a care order” and substitute “referred to in subsection (4)”.

Seanad amendment agreed to.

Seanad amendment No. 207:

Section 63: In page 73, line 24, after “order” to insert “, a voluntary care arrangement, an emergency care order or an interim care order”.

Seanad amendment agreed to.

Seanad amendment No. 208:

Section 63: In page 73, line 25, to delete “Child and Family”.

Seanad amendment agreed to.

Seanad amendment No. 209:

Section 63: In page 73, between lines 25 and 26, to insert the following:

“(5) The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order leaves a registered acute mental health centre under this section.”.

Seanad amendment agreed to.

Seanad amendment No. 210:

Section 64: In page 73, line 28, to delete “subsection (2)” and substitute “subsections (2) and (3)”.

Seanad amendment agreed to.

Seanad amendment No. 211:

Section 64: In page 73, line 29, to delete “, or refuse to consent to,” and substitute “or refuse”.

Seanad amendment agreed to.

Seanad amendment No. 212:

Section 64: In page 73, to delete lines 33 to 39 and substitute the following:

“(2) Where a child is—

(a) the subject of a care order,

(b) aged 16 years or older, and

(c) assessed under section 61 to lack the necessary capacity to consent to or refuse his or her admission on a voluntary basis,

the Executive may, with the agreement of the responsible consultant psychiatrist and with the consent of and on notice to the Agency, apply to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being located and, where the Court is satisfied that it is in the best interests of the child to be so admitted, the Court shall make an order authorising the admission of that child to that registered acute mental health centre.

Seanad amendment agreed to.

Seanad amendment No. 213:

Section 64: In page 73, to delete lines 40 to 42, and in page 74, to delete lines 1 and 2 and substitute the following:

“(3) Subject to subsection (5) and section 71, a child admitted to a registered acute mental health centre under this section may leave the registered acute mental health centre at any time into the care of his or her relevant carer, with the consent of his or her parents or guardian or the Agency, as the case may be.

(4) The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order is discharged from a registered acute mental health centre under this section.”.

Seanad amendment agreed to.

Seanad amendment No. 214:

Section 64: In page 74, to delete lines 9 to 13 and substitute the following:

“(b) arrange for capacity assessments of the child to be carried out in accordance with section 61 to assess whether the child continues to lack the necessary capacity to consent to or refuse voluntary admission.”.

Seanad amendment agreed to.

Seanad amendment No. 215:

Section 64: In page 74, line 15, to delete “, or refuse to consent to,” and substitute “or refuse”.

Seanad amendment agreed to.

Seanad amendment No. 216:

Section 65: In page 75, line 3, to delete “detention,” and substitute “detention”.

Seanad amendment agreed to.

Seanad amendment No. 217:

Section 65: In page 75, line 4, after “to” to insert “materially”.

Seanad amendment agreed to.

Seanad amendment No. 218:

Section 66: In page 75, line 22, to delete “Where” and substitute “Subject to subsection (3), where”.

Seanad amendment agreed to.

Seanad amendment No. 219:

Section 66: In page 75, lines 23 to 39, to delete all words from and including “and where—” in line 23 down to and including “shall” in line 39 and substitute the following:

“the Executive shall, as soon as may be, arrange for a consultant psychiatrist to carry out an examination of the child.

(2) Where, following an examination under subsection (1), the consultant psychiatrist is satisfied that the child has a mental disorder that fulfils the criteria for involuntary admission of a child, the Executive may”.

Seanad amendment agreed to.

Seanad amendment No. 220:

Section 66: In page 75, lines 39 and 40, to delete “the District Court in the District Court district where the child concerned resides or is located,” and substitute “the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being,”.

Seanad amendment agreed to.

Seanad amendment No. 221:

Section 66: In page 76, line 1, to delete “detention,” and substitute “detention”.

Seanad amendment agreed to.

Seanad amendment No. 222:

Section 66: In page 76, between lines 2 and 3, to insert the following:

“(2) In carrying out an examination under subsection (1), a responsible consultant psychiatrist shall consider, in consultation with the child’s relevant consulted carers, if any—

(a) whether the child may, in the first instance, be admitted—

(i) as a voluntarily admitted child under section 62 or 63, or

(ii) as a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64,

and

(b) if so, whether it would be in the best interests of the child to be admitted pursuant to section 62, 63 or 64, as the case may be, rather than being admitted on an involuntary basis under this section.”.

Seanad amendment agreed to.

Seanad amendment No. 223:

Section 66: In page 76, to delete lines 3 to 6 and substitute the following:

“(2) Where the Executive makes an application for involuntary admission under subsection (2) following an examination under subsection (1), the consultant psychiatrist who carried out an examination of the child shall—

(a) report to the Court as soon as practicable within such period as is specified by the Court, which period shall be no longer than 72 hours after the giving of such direction by the Court, on the results of the examination, and

(b) indicate to the Court whether he or she is satisfied that the child fulfils the criteria for involuntary admission of a child.”.

Seanad amendment agreed to.

Seanad amendment No. 224:

Section 66: In page 76, lines 7 and 8, to delete “subsection (1)” and substitute “subsection (2)”.

Seanad amendment agreed to.

Seanad amendment No. 225:

Section 66: In page 76, to delete lines 9 to 18 and substitute the following:

“(a) the child is aged 16 years or older and refuses or does not consent to the examination,

(b) in the case of a child under 16 years of age or a child aged 16 years or older who lacks the necessary capacity to consent to or refuse voluntary admission, the parents or guardian or the Agency refuse or do not consent to the examination of the child, or

(c) in the case of a child referred to in paragraph (b) who is not the subject of a care order, following the making of reasonable enquiries by the Executive, the parents, or either of them, or guardian, cannot be found by the Executive.”.

Seanad amendment agreed to.

Seanad amendment No. 226:

Section 66: In page 76, line 20, to delete “subsection (1)” and substitute “subsection (2)”.

Seanad amendment agreed to.

Seanad amendment No. 227:

Section 66: In page 76, line 21, to delete “the District Court” and substitute “the Family District Court or the District Court, as the case may be,”.

Seanad amendment agreed to.

Seanad amendment No. 228:

Section 66: In page 76, to delete lines 24 to 26 and substitute the following:

“consultant psychiatrist and for that consultant psychiatrist to—

(b) indicate to the Court whether he or she is satisfied that the child fulfils the criteria for involuntary admission of a child.”.

Seanad amendment agreed to.

Seanad amendment No. 229:

Section 66: In page 76, to delete lines 28 to 30 and substitute “subsection (1) or (5) where he or she is a relative of the child concerned.”.

Seanad amendment agreed to.

Seanad amendment No. 230:

Section 66: In page 76, to delete lines 31 to 35.

Seanad amendment agreed to.

Seanad amendment No. 231:

Section 66: In page 76, line 36, to delete “the Court” and substitute “the Family District Court or the District Court, as the case may be,”.

Seanad amendment agreed to.

Seanad amendment No. 232:

Section 66: In page 76, line 41, after “order”)” to insert “for the involuntary admission of the child concerned in a specified registered acute mental health centre”.

Seanad amendment agreed to.

Seanad amendment No. 233:

Section 66: In page 76, after line 41, to insert the following:

“(8) Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application for involuntary admission under subsection (2) is proposed, the Executive shall notify the guardian ad litem of the proposed application in advance.

(9) Subject to subsection (8), notice of an application for involuntary admission under subsection (2) and a copy of the proceedings shall be served by the Executive on—

(a) the child’s relevant notified carers, and

(b) any other person specified by the Family District Court or the District Court, as the case may be.

(10) Before making an involuntary admission order under this section, the Family District Court or the District Court, as the case may be, may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.”.

Seanad amendment agreed to.

Seanad amendment No 234:

Section 66: In page 77, line 1, to delete “subsection (1)” and substitute “subsection (2)”.

Seanad amendment agreed to.

Seanad amendment No. 235:

Section 66: In page 77, line 1, to delete “the Court” and substitute “the Family District Court or the District Court, as the case may be,”.

Seanad amendment agreed to.

Seanad amendment No. 236:

Section 66: In page 77, lines 3 and 4, to delete “the District Court under subsection (1)” and substitute “the Family District Court or the District Court, as the case may be, under subsection (2)”.

Seanad amendment agreed to.

Seanad amendment No. 237:

Section 66: In page 77, line 5, to delete “detention,” and substitute “detention”.

Seanad amendment agreed to.

Seanad amendment No. 238:

Section 67: In page 77, line 11, to delete “detention,” and substitute “detention”.

Seanad amendment agreed to.

Seanad amendment No. 239:

Section 67: In page 77, line 13, to delete “subsection (2), section 69 or 69(7)” and substitute “subsections (2) and (3), section 69 and 70(7),”.

Seanad amendment agreed to.

Seanad amendment No. 240:

Section 67: In page 77, line 16, to delete “the District Court” and substitute “the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being”.

Seanad amendment agreed to.

Seanad amendment No. 241:

Section 67: In page 77, line 22, to delete “District Court” and substitute “Family District Court or the District Court, as the case may be,”.

Seanad amendment agreed to.

Seanad amendment No. 242:

Section 67: In page 77, line 25, to delete “District Court” and substitute “Family District Court or the District Court, as the case may be,”.

Seanad amendment agreed to.

Seanad amendment No. 243:

Section 67: In page 77, line 30, to delete “District”.

Seanad amendment agreed to.

Seanad amendment No. 244:

Section 67: In page 77, lines 34 to 36, to delete all words from and including “she—” in line 34 down to and including line 36 and substitute “she is a relative of the child concerned.”.

Seanad amendment agreed to.

Seanad amendment No. 245:

Section 67: In page 77, between lines 36 and 37, to insert the following:

“(6) Where the Executive proposes to make an application under subsection (2), it shall notify the guardian ad litem for the child appointed in accordance with Part VA of the Act of 1991, as applied by section 60, of the proposed application in advance.

(7) Notice of an application under subsection (2) or (3) and a copy of the proceedings shall be served by the Executive on—

(a) the child’s relevant notified carers, and

(b) any other person specified by the Family District Court or the District Court, as the case may be.

(8) Before making a renewal order under this section, the Family District Court or the District Court, as the case may be, may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.”.

Seanad amendment agreed to.

Seanad amendment No. 246:

Section 67: In page 77, line 37, to delete “Court” and substitute “Family District Court or the District Court, as the case may be,”.

Seanad amendment agreed to.

Seanad amendment No. 247:

Section 69: In page 78, lines 7 and 8, to delete “Circuit Court against a decision of the District Court” and substitute “Family Circuit Court against a decision of the Family District Court or the District Court”.

Seanad amendment agreed to.

Seanad amendment No. 248:

Section 69: In page 78, line 11, to delete “sections 10, 20, 66, 67, 71, 73 and 74” and substitute “sections 10, 66, 67, 71, 73, 74, 75 and 79”.

Seanad amendment agreed to.

Seanad amendment No. 249:

Section 69: In page 78, lines 16 and 17, to delete “parents, or either of them, or guardian, or, where the child is the subject of a care order, the Child and Family Agency” and substitute “parents or guardian or the Agency”.

Seanad amendment agreed to.

Seanad amendment No. 250:

Section 69: In page 78, line 18, to delete “section 74(2)” and substitute “section 75(2)”.

Seanad amendment agreed to.

Seanad amendment No. 251:

Section 69: In page 78, line 19, after “on the” to insert “Family”.

Seanad amendment agreed to.

Seanad amendment No. 252:

Section 69: In page 78, line 20, to delete “the judge of the circuit” and substitute “a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit”.

Seanad amendment agreed to.

Seanad amendment No. 253:

Section 69: In page 78, line 22, after “the” to insert “Family”.

Seanad amendment agreed to.

Seanad amendment No. 254:

Section 69: In page 78, line 29, after “the” to insert “Family”.

Seanad amendment agreed to.

Seanad amendment No. 255:

Section 69: In page 78, line 39, after “the” to insert “Family”.

Seanad amendment agreed to.

Seanad amendment No. 256:

Section 69: In page 78, lines 40 and 41, to delete “any proceedings under this section shall be served by the person bringing the proceedings and a copy of the proceedings shall be served” and substitute “an appeal under subsection (1) and a copy of the proceedings shall be served by the person bringing the appeal”.

Seanad amendment agreed to.

Seanad amendment No. 257:

Section 69: In page 79, to delete lines 3 to 6 and substitute the following:

“(c) the child’s relevant notified carers,

(d) the registered proprietor of the registered acute mental health centre concerned,

(e) the responsible consultant psychiatrist in respect of the child the subject of the appeal, and

(f) any other person specified by the Family Circuit Court.”.

Seanad amendment agreed to.

Seanad amendment No. 258:

Section 69: In page 79, between lines 6 and 7, to insert the following:

“(8) A person bringing an appeal under this section shall also notify the guardian ad litem for the child appointed in accordance with Part VA of the Act of 1991, as applied by section 60, of the bringing of the appeal.”.

Seanad amendment agreed to.

Seanad amendment No. 259:

Section 69: In page 79, line 7, to delete “Circuit Court shall” and substitute “Family Circuit Court may”.

Seanad amendment agreed to.

Seanad amendment No. 260:

Section 69: In page 79, lines 9 and 10, to delete “or any other person on whom notice is served under subsection (7)”.

Seanad amendment agreed to.

Seanad amendment No. 261:

Section 70: In page 79, between lines 10 and 11, to insert the following:

“Discharge of involuntarily admitted children

70.(1) Subject to subsection (2), where a responsible consultant psychiatrist becomes of the opinion that a child no longer fulfils the criteria for involuntary admission of a child, the responsible consultant psychiatrist shall as soon as possible meet with the child concerned and—

(a) inform the child of his or her intention to notify the Executive under subsection (4) of his or her proposal to discharge the child and of the right of the child, if discharged, to leave the registered acute mental health centre or, with the responsible consultant psychiatrist’s agreement—

(i) remain as a voluntarily admitted child if—

(I) in the case of a child aged 16 years or older, the child wishes, or

(II) in the case of a child under 16 years of age, the child’s parents, or either of them, or guardian, wishes,

(ii) in the case of a child aged 16 years or older assessed as lacking capacity under section 61, remain as a child aged 16 years or older lacking necessary capacity admitted with parental consent if his or her parents, or either of them, or guardian wishes,

and

(b) provide the child with all relevant information from the child’s care plan prepared in accordance with section 180 and information regarding—

(i) what will occur if the child leaves the registered acute mental health centre, and

(ii) what will occur if the child remains in the registered acute mental health centre in accordance with paragraph (a)(i) or (ii).

(2) Where a child referred to in subsection (1)—

(a) is under 16 years of age or is assessed as lacking capacity under section 61, and

(b) is the subject of a care order,

that subsection shall apply in relation to the child with the modification that the child may remain as a voluntarily admitted child in the registered acute mental health centre with the responsible consultant psychiatrist’s agreement where an order is made by the Family District Court or the District Court, as the case may be, authorising the admission under section 62(2) or 64(2).

(3) The meeting referred to in subsection (1) may also be attended by—

(a) the child’s relevant consulted carers, if any, and

(b) any nominated person.

(4) Where, following a meeting under subsection (1), a responsible consultant psychiatrist proposes to discharge a child under that subsection, the responsible consultant psychiatrist or another mental healthcare professional who is involved in the child’s care and treatment shall—

(a) notify—

(i) the Executive,

(ii) the child’s guardian ad litem,

(iii) the child’s relevant consulted carers, if any, and

(iv) in relation to a child who is the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, if not already notified under subparagraph (iii), the Agency,

of the proposal to discharge the child, together with a report of his or her opinion that the child no longer fulfils the criteria for involuntary admission of a child, for the purpose of subsection (6), and

(b) engage with the child concerned and, in so far as is practicable, where appropriate, liaise with the persons referred to in paragraph (a) or (b) of subsection (3) as they apply in respect of the child concerned for the purposes of planning the child’s discharge.

(5) Where the Family District Court or the District Court, as the case may be, refuses an application for a renewal order under section 67 in relation to a child, subsections (1) to (4) shall apply to the child concerned and his or her responsible consultant psychiatrist with the modification that the discharge of the child has been authorised by the Family District Court or the District Court under subsection (7), and a further application under subsection (6) shall not be required.

(6) Where the Executive has been notified of a proposal to discharge a child under subsection (4), the Executive shall make an application to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being and furnish the report referred to in subsection (4)(a) to the Court upon the making of the application.

(7) Subject to subsection (9), where the Court is satisfied, having considered an application under subsection (6), that the child no longer meets the criteria for involuntary admission of a child, the Court shall make an order authorising the discharge of the child as an involuntarily admitted child from the registered acute mental health centre.

(8) Notice of an application under subsection (6) and a copy of the proceedings shall be served by the Executive on—

(a) the child’s relevant notified carers, and

(b) any other person specified by the Family District Court or the District Court, as the case may be.

(9) Before making an order authorising the discharge of the child as an involuntarily admitted child under subsection (7), the Family District Court or the District Court, as the case may be—

(a) shall have regard to the report referred to in subsection (4)(a), and

(b) may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.

(10) The decision under this section for a child to remain in a registered acute mental health centre as a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent, or to not remain, shall be recorded and a copy shall be retained in the child’s medical records.

(11) Where a child discharged under this section is—

(a) the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, or

(b) where paragraph (a) does not apply, under 16 years of age or aged 16 years or older and assessed as lacking capacity to consent under section 61,

he or she shall be released into the care of his or her relevant carer.”.

Seanad amendment agreed to.

Seanad amendment No. 262:

Section 71: In page 81, line 16, after “examination” to insert “and consultation with the responsible consultant psychiatrist”.

Seanad amendment agreed to.

Seanad amendment No. 263:

Section 71: In page 81, line 18, to delete “the involuntary admission shall” and substitute “the detention shall”.

Seanad amendment agreed to.

Seanad amendment No. 264:

Section 71: In page 81, lines 18 to 20, to delete all words from and including “parents,” in line 18 down to and including “as the case may be,” in line 20 and substitute “relevant notified carers”.

Seanad amendment agreed to.

Seanad amendment No. 265:

Section 71: In page 81, line 24, after “accordance” to insert “with that section”.

Seanad amendment agreed to.

Seanad amendment No. 266:

Section 71: In page 81, between lines 30 and 31, to insert the following:

“(4) Where a child discharged under this section is—

(a) the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, or

(b) where paragraph (a) does not apply, under 16 years of age or aged 16 years or older and assessed as lacking capacity to consent under section 61,

he or she shall be released into the care of his or her relevant carer.”.

Seanad amendment agreed to.

Seanad amendment No. 267:

Section 71: In page 81, to delete lines 34 to 40 and substitute the following:

“section 66(2), subject to the following modifications:

(a) the application shall be made—

(i) at the next sitting of the Family District Court held in the Family District Court district in which the child resides or is for the time being,

(ii) in circumstances of urgency where no judge of the Family District Court is available to hear the application, at the next sitting of the District Court held in the same District Court district, or

(iii) in the event that the next sitting of the Family District Court or District Court is not due to be held within 3 working days of the date on which the child is detained under this section, at a sitting of the Family District Court or District Court which has been specially arranged under paragraph (d), held within the said 3 working days;

(b) where a judge for the Family District Court district or a judge for the District Court district in which the child resides or is for the time being is not immediately available, an order may be made by any judge of the Family District Court or the District Court;

(d) the application may, if the judge is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a sitting of the Family District Court or a public sitting of the District Court;

(e) the Executive shall furnish reports, prepared by the psychiatrist or psychiatrists concerned, of the examinations under subsection (2) when making the application.”.

Seanad amendment agreed to.

Seanad amendment No. 268:

Section 71: In page 81, line 43, to delete “section 66(1)” and substitute “section 66(2)”.

Seanad amendment agreed to.

Seanad amendment No. 269:

Section 71: In page 81, line 44, to delete “retain” and substitute “continue the”.

Seanad amendment agreed to.

Seanad amendment No. 270:

Section 71: In page 81, line 45, to delete “Court” and substitute “Family District Court or District Court, as the case may be,”.

Seanad amendment agreed to.

Seanad amendment No. 271:

Section 71: In page 82, line 2, to delete “record” and substitute “records”.

Seanad amendment agreed to.

Seanad amendment No. 272:

Section 71: In page 82, line 4, to delete “section 66(1)” and substitute “section 66(2)”.

Seanad amendment agreed to.

Seanad amendment No. 273:

Section 71: In page 82, line 5, to delete “paragraph (a) or (b)” and substitute “paragraph (a), (b) or (c)”.

Seanad amendment agreed to.

Seanad amendment No. 274.

Section 71: In page 82, lines 8 and 9, to delete “of the decision to involuntarily admit or the decision not to involuntarily admit a child under this section” and substitute “of a decision under this section to make an application for involuntary admission under section 66 or to not make such an application”.

Seanad amendment agreed to.

Seanad amendment No. 275:

Section 72: In page 82, between lines 9 and 10, to insert the following:

“Notification to Agency

72.Where a child was the subject of a care order, a voluntary care arrangement, an emergency care order, an interim care order or a supervision order at the time of his or her admission under section 62, 63, 64 or 66 and that arrangement or order ceases during his or her period of admission, the Executive shall, as soon as may be, notify the Agency where the child concerned—

(a) is the subject of a renewal order under section 67,

(b) leaves a registered acute mental health centre under section 62, 63, 64 or 71, or

Seanad amendment agreed to.

Seanad amendment No. 276:

Section 72: In page 82, between lines 9 and 10, to insert the following:

“Powers of Garda Síochána to take child into custody in certain circumstances

73.(1) Where a member of An Garda Síochána has reasonable grounds for believing that a child has a mental disorder that fulfils paragraph (a) of the criteria for involuntary admission of a child, the member may either alone or with any other member or members of An Garda Síochána—

(a) take all reasonable measures necessary to take the child into custody and arrange for the matters specified in subsections (3), (4), (6), (8), (10), (13), (15) and (16), as applicable, to be carried out as soon as practicable, but no later than 6 hours after the time that the child is taken into custody, and

(b) enter, if needs be by force, any dwelling or other premises or any place if he or she has reasonable grounds for believing that the child is to be found there.

(2) The period referred to in subsection (1)(a) may be extended by one additional period of 6 hours under the authorisation of a member of An Garda Síochána not below the rank of inspector if he or she has reasonable grounds for believing that the additional period is necessary in order that the matters specified in subsections (3), (4), (6), (8), (10), (13), (15) and (16), as applicable, may be carried out.

(3) Where a member of An Garda Síochána takes a child into custody under subsection (1), he or she or any other member or members of An Garda Síochána shall contact—

(a) in relation to a child the subject of a care order, the Agency,

(b) in relation to a child the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, the Agency and the child’s parents, or either of them, or guardian, and

as soon as practicable, but no later than 3 hours from the time that the child is taken into custody.

(4) Where a member of An Garda Síochána takes a child into custody under subsection (1), he or she or any other member or members of An Garda Síochána may request—

(a) a registered medical practitioner to carry out an examination of the child, or

(b) the Executive to arrange for a consultant psychiatrist to carry out an examination of the child,

to assess whether the child has a mental disorder that fulfils the criteria for involuntary admission of a child requiring an application for involuntary admission of a child under section 66.

(5) In so far as possible, an examination under subsection (4) shall also be attended by the persons specified in paragraphs (a), (b) or (c) of subsection (3), as the case may be.

(6) Where, following an examination of a child under subsection (4)—

(a) a registered medical practitioner is of the opinion that the child concerned has a mental disorder that fulfils the criteria for involuntary admission of a child, a member or members of An Garda Síochána—

(i) shall, subject to subsection (7)—

(I) release the child into the care of his or her relevant carer for the purpose of that person or persons engaging with the Executive to assess whether an application for involuntary admission under section 66 is required in respect of the child, and

(II) notify the Executive that the child has been released into the care of his or her relevant carer,

and

(ii) may request the Executive to assess whether an application for involuntary admission under section 66 is required in respect of the child,

(b) a consultant psychiatrist is of the opinion that the child has a mental disorder that fulfils the criteria for involuntary admission of a child—

(i) subject to subsection (7), a member or members of An Garda Síochána shall release the child into the care of his or her relevant carer, and

(ii) the Executive may make an application for involuntary admission under section 66 in respect of the child.

(7) A member or members of An Garda Síochána shall not release a child under paragraph (a)(i) or (b)(i) of subsection (6) where—

(a) in the opinion of the member or members of An Garda Síochána responsible for the child, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child,

(b) in the opinion of the registered medical practitioner or consultant psychiatrist concerned, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child,

(c) in the case of a child who is not the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, his or her relevant carer, after the making of reasonable enquiries, cannot be found, or

(d) his or her detention is authorised by law other than under this Act.

(8) Where paragraph (a), (b) or (c) of subsection (7) applies, the member or members of An Garda Síochána may request that the Executive take charge of the child as soon as possible until such time as—

(a) an involuntary admission order is made under section 66 in respect of the child, or

(b) the Executive assesses that an application for involuntary admission under section 66 is not required in respect of the child.

(9) The Executive shall comply with the request under subsection (8) as soon as practicable.

(10) Where subsection (7)(c) applies and the child’s relevant carer is subsequently found, the child shall be released from the custody of An Garda Síochána or from the charge of the Executive, as the case may be, unless, in the opinion of the member or members of An Garda Síochána responsible for the child or the Executive, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child into the care of that person or persons.

(11) Where a request is made under subsection (8) due to paragraph (a) or (c) of subsection (7) applying, the member or members of An Garda Síochána responsible for the child shall notify the Agency as soon as may be.

(12) Where—

(a) in advance of an examination of a child under subsection (4), the member or members of An Garda Síochána responsible for the child has or have reasonable grounds for believing that the child concerned no longer has a mental disorder that fulfils paragraph (a) of the criteria for involuntary admission of a child, or

(b) following an examination of a child under subsection (4), a registered medical practitioner or consultant psychiatrist referred to in that subsection is of the opinion that the child concerned does not have a mental disorder that fulfils the criteria for involuntary admission of a child,

the child shall, subject to subsections (13), (14) and (15), be released from the custody of An Garda Síochána.

(13) Where paragraph (a) or (b) of subsection (12) applies—

(a) where the child is the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, a member or members of An Garda Síochána shall release the child into the care of the Agency unless his or her detention is authorised other than under this Act, and

(b) subject to subsection (14), in all other circumstances—

(i) where the child is under 16 years of age, a member or members of An Garda Síochána shall release the child into the care of his or her relevant carer, and

(ii) where the child is aged 16 years or older, a member or members of An Garda Síochána shall release the child immediately,

unless the detention of the child is authorised other than under this Act.

(14) A member or members of An Garda Síochána shall not release a child under subsection (13)(b) where—

(a) in the opinion of the member or members of An Garda Síochána responsible for the child, there is an immediate and serious risk to the health or welfare of the child by releasing the child, or

(b) in respect of a child referred to in subsection (13)(b)(i), his or her relevant carer, after the making of reasonable enquiries, cannot be found,

until such time as a request is made under subsection (15) or a notification is made under subsection (16), as the case may be.

(15) Where subsection (14)(a) applies, a member or members of An Garda Síochána may request the Agency that the child be delivered up to the custody of the Agency under section 12 of the Act of 1991 as soon as may be.

(16) Where subsection (14)(b) applies, a member or members of An Garda Síochána may notify the Agency.”.

Seanad amendment agreed to.

Seanad amendment No. 276a:

Section 73: In page 83, to delete lines 13 to 43 and in page 84, to delete lines 1 to 5.

Seanad amendment agreed to.

Seanad amendment No. 277:

Section 74: In page 84, between lines 5 and 6, to insert the following:

“Bringing of child subject of involuntary admission order to registered acute mental health centre

74.(1) Where an involuntary admission order is made under section 66 in respect of a child, the child’s relevant carer shall arrange for the child to be brought to the registered acute mental health centre specified in the order as soon as practicable after the making of the order.

(2) Where a child’s relevant carer is unable to arrange for the child to be brought to the registered acute mental health centre in accordance with subsection (1), the relevant carer shall request—

(a) the clinical director of the registered acute mental health centre specified in the order, or

(b) a consultant psychiatrist acting on that clinical director’s behalf,

to arrange for the child concerned to be brought to the registered acute mental health centre.

(3) Where the relevant carer of a child the subject of an involuntary admission order, other than the Agency, fails or refuses to arrange for the child to be brought to the registered acute mental health centre specified in the order, the clinical director of the registered acute mental health centre concerned or a consultant psychiatrist acting on the clinical director’s behalf shall arrange for the child concerned to be brought to the registered acute mental health centre.

(4) A person referred to in paragraph (a) or (b) of subsection (2), on foot of a request made under that subsection, shall arrange for the child the subject of the involuntary admission order to be brought to the specified registered acute mental health centre by members of the staff of the centre or a service provider as soon as practicable.

(5) A clinical director or consultant psychiatrist referred to in paragraph (a) or (b) of subsection (2) or in subsection (3) may request a member of An Garda Síochána to assist in bringing the child the subject of the involuntary admission order to the specified registered acute mental health centre where the clinical director or consultant psychiatrist concerned is of the opinion that such assistance is necessary to protect the health of the child or other persons from the threat of immediate and serious harm.

(6) Where a request is made to An Garda Síochána under subsection (4), a member or members of An Garda Síochána—

(a) shall comply with that request as soon as practicable, and

(b) may—

(i) enter if needs be by force any dwelling or other premises or any place if the member has reasonable cause to believe that the child concerned is to be found there, and

(ii) take all reasonable measures necessary to bring the child the subject of the order to the registered acute mental health centre including the detention or restraint of the child concerned.

(7) A member of An Garda Síochána who under subsection (5)(b)(ii) detains or restrains a child the subject of an order shall cease the detention or restraint immediately upon the detention or restraint no longer being necessary, in the opinion of the member of An Garda Síochána applying the restraint, in order to protect the health of the child or other persons from the threat of immediate and serious harm.”.

Seanad amendment agreed to.

Seanad amendment No. 278:

Section 74: In page 84, to delete lines 12 to 39, and in page 85, to delete lines 1 to 17 and substitute the following:

“(2) A notice under subsection (1) and any information provided in accordance with subsection (3) shall be given to—

(a) the child concerned,

(b) the child’s relevant consulted carers, if any,

(c) in relation to a child who is the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, if not already notified under paragraph (b), the Agency, and

(d) where relevant, any nominated person.

(3) A notice under subsection (1) shall include a statement in writing to the effect that—

(a) the child’s relevant consulted carers, if any, will be given a general description of the proposed care and treatment to be administered to the child during the period of his or her admission,

(b) the child’s relevant consulted carers, if any, are entitled to receive information on any aspect of the child’s proposed care and treatment at any time during the period of admission,

(c) the recipient will be provided with an explanatory note on the guiding principles that apply in relation to all decisions regarding the child’s care and treatment,

(d) the recipient is informed of the rights of the child or his or her parents or guardian or the Agency, where appropriate, subject to Chapter 3, to consent or refuse to consent to treatment,

(e) the recipient is informed of the complaints procedure for the registered acute mental health centre and of the entitlement of the child and his or her parents or guardian or the Agency to bring a complaint under that procedure,

(f) the recipient is informed of any relevant advocacy services,

(g) the recipient is informed of the entitlement of the child and his or her parents or guardian or the Agency to communicate with the Chief Inspector,

(h) the recipient is informed of the entitlement of the child and his or her relevant consulted carers, if any, to discuss discharge planning,

(i) the recipient is informed of the entitlement of the child to engage with—

(i) his or her relevant consulted carers, and

(ii) where applicable, a nominated person,

(j) the recipient will be provided with all other relevant information as outlined in the code of practice relating to admission of children, and

(k) the recipient is informed of the entitlement of the child to leave the registered acute mental health centre at any time, subject to sections 62(4), 63(3), 63(5), 64(4) and 71.”.

Seanad amendment agreed to.

Seanad amendment No. 279:

Section 74: In page 85, lines 18 and 19, to delete “subsequently provided thereunder” and substitute “provided in accordance with subsection (3)”.

Seanad amendment agreed to.

Seanad amendment No. 280:

Section 75: In page 85, lines 22 to 27, to delete all words from and including “(1) The” in line 22 down to and including line 27.

Seanad amendment agreed to.

Seanad amendment No. 281:

Section 75: In page 85, line 29, after “practicable” to insert “but not later than 24 hours”.

Seanad amendment agreed to.

Seanad amendment No. 282:

Section 75: In page 85, to delete lines 32 to 39, to delete page 86 and in page 87, to delete lines 1 to 4 substitute the following:

“(3) A notice under subsection (2) and any information provided in accordance with subsection (4) shall be given to—

(a) the child concerned,

(b) the child’s relevant consulted carers, if any,

(d) where relevant, any nominated person.

(4) A notice under subsection (2) shall include a statement in writing to the effect that—

(a) the child’s relevant consulted carers, if any, will be given a general description of the proposed care and treatment to be administered to the child during the period of his or her involuntary admission,

(b) the child’s relevant consulted carers, if any, are entitled to receive information on any aspect of the child’s proposed care and treatment at any time during the period of involuntary admission,

(c) the recipient will be provided with an explanatory note on the guiding principles that apply in relation to all decisions regarding the child’s care and treatment,

(d) the recipient is informed of the rights of the child or his or her parents or guardian or the Agency, where appropriate, subject to Chapter 3, to consent or refuse to consent to treatment,

(f) the recipient is informed of any relevant advocacy services,

(g) the recipient is informed of the entitlement of the child and his or her parents or guardian or the Agency to communicate with the Chief Inspector,

(h) the recipient is informed that a court may, in any proceedings under this Part that the child to whom the notice relates is a party, if it thinks fit, appoint a solicitor to represent the interests of the child in the proceedings pursuant to section 25 of the Act of 1991,

(i) the recipient is informed of the guardian ad litem appointed for him or her following the making of the involuntary admission order in accordance with Part VA of the Act of 1991, as applied by section 60,

(j) the recipient is provided with all other relevant information as outlined in the code of practice relating to admission of children,

(k) the recipient is informed of the entitlement to appeal to the Family Circuit Court under section 69 against an involuntary admission order or a renewal order, and of the effect of such appeals,

(l) the recipient is informed of the entitlement of the child and his or her relevant consulted carers, if any, to discuss discharge planning, and

(m) the recipient is informed of the entitlement of the child to engage with—

(i) his or her relevant consulted carers, and

(ii) where applicable, a nominated person.”.

Seanad amendment agreed to.

Seanad amendment No. 283:

Section 75: Inpage 87, lines 5 and 6, to delete “subsequently provided thereunder” and substitute “provided in accordance with subsection (4)”.

Seanad amendment agreed to.

Seanad amendment No. 284:

Section 76: In page 87, lines 9 and 10, to delete “(1) Subject to subsection (2), the parents of a child, or either of them, or guardian, or, where the child is the subject of a care order, the Child and Family Agency,” and substitute “The child’s relevant consulted carers, if any,”.

Seanad amendment agreed to.

Seanad amendment No. 285:

Section 76: In page 87, line 12, after “child,” to insert “and”.

Seanad amendment agreed to.

Seanad amendment No. 286:

Section 76: In page 87, to delete lines 13 to 15.

Seanad amendment agreed to.

Seanad amendment No. 287:

Section 76: In page 87, to delete lines 19 to 22.

Seanad amendment agreed to.

Seanad amendment No. 288:

Section 77: In page 87, between lines 22 and 23, to insert the following:

“Bringing of child other than child subject of involuntary admission order to registered acute mental health centre

77.(1) Where a child is to be admitted to a registered acute mental health centre under section 62 or 64 and his or her relevant carer is unable to arrange to bring the child to the registered acute mental health centre, the relevant carer shall request—

(a) the clinical director of the registered acute mental health centre which the child is to be admitted to, or

(b) a consultant psychiatrist acting on that clinical director’s behalf,

to arrange for the child concerned to be brought to the registered acute mental health centre.

(2) A person referred to in paragraph (a) or (b) of subsection (1) shall arrange for the child referred to in that subsection to be brought to the registered acute mental health centre by members of the staff of the centre or a service provider as soon as practicable.”.

Seanad amendment agreed to.

Seanad amendment No. 289:

Section 77: In page 87, between lines 22 and 23, to insert the following:

“Transfer of involuntarily admitted child to hospital or other place in certain circumstances

78.(1) A clinical director of a registered acute mental health centre may arrange for the transfer of an involuntarily admitted child detained in that centre to a hospital or other place, other than a registered acute mental health centre, for the purposes of receiving treatment and for his or her detention there for that purpose.

(2) A child who is transferred under subsection (1) may be kept at the hospital or other place so long as is necessary for the purpose of his or her treatment, but no longer than the expiry of the involuntary admission order or any subsequent renewal order pursuant to which he or she is detained, and shall then be taken immediately back to the registered acute mental health centre from which he or she was transferred.

(3) The detention of a child in a hospital or other place, other than a registered acute mental health centre, under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre from which he or she was transferred.”.

Seanad amendment agreed to.

Seanad amendment No. 290:

Section 77: In page 87, between lines 22 and 23, to insert the following:

“Transfer of child by clinical director in certain circumstances

79.(1) Where, in relation to an involuntarily admitted child, the clinical director of a registered acute mental health centre (in this section referred to as the “first-mentioned registered acute mental health centre”) is of the opinion that—

(a) it would be for the benefit of the involuntarily admitted child in the first-mentioned registered acute mental health centre to be transferred to another registered acute mental health centre (in this section referred to as a “second-mentioned registered acute mental health centre”), or

(b) for the purpose of obtaining special treatment, the details of which shall be specified in writing, it is necessary for the child to be transferred to a second-mentioned registered acute mental health centre,

the Executive may, with the consent of the clinical director of the first-mentioned registered acute mental health centre and the clinical director of the second-mentioned registered acute mental health centre, apply to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being, for the transfer of the involuntarily admitted child to the second-mentioned registered acute mental health centre.

(2) Where, following an application under subsection (1), the Court is satisfied that it is in the best interests of the child to be transferred, the Court shall make an order authorising the transfer, reception and care and treatment of that child in that second-mentioned registered acute mental health centre.

(3) Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application under subsection (1) is proposed, the Executive shall notify the guardian ad litem of the proposed application in advance.

(4) Notice of the application under subsection (1) and a copy of the proceedings shall be served by the Executive on—

(a) the child’s relevant notified carers, and

(b) any other person specified by the Family District Court or the District Court, as the case may be.

(5) Before making an order under subsection (2), the Family District Court or the District Court, as the case may be, may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.

(6) Where an involuntarily admitted child is transferred to a second-mentioned registered acute mental health centre following the making of an order under subsection (2), the clinical director of the first-mentioned registered acute mental health centre shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.

(7) A child who is transferred to a second-mentioned registered acute mental health centre following an application under subsection (1)(a) may be detained in the second-mentioned registered acute mental health centre until the date of the expiration of the involuntary admission order pursuant to which he or she was detained in the first-mentioned registered acute mental health centre.

(8) A child who is transferred to a second-mentioned registered acute mental health centre following an application under subsection (1)(b) may be detained there so long as is necessary for the purpose of the specified special treatment and shall then be taken back to the first-mentioned registered acute mental health centre, which taking back may not occur later than the date of the expiration of the involuntary admission order pursuant to which he or she was detained in the first-mentioned registered acute mental health centre.

(9) In this section, references to an involuntary admission order include references to a renewal order.”.

Seanad amendment agreed to.

Seanad amendment No. 291:

Section 77: In page 87, between lines 22 and 23, to insert the following:

“Request for application for transfer of child

80.(1) A request may be made to the clinical director of a registered acute mental health centre for the transfer of an involuntarily admitted child detained in that centre to another registered acute mental health centre by—

(a) subject to paragraph (b), in the case of a child aged 16 years or older, the child concerned or any nominated person, and

(b) in the case of a child aged 16 years or older assessed as lacking capacity to consent under section 61 or a child under 16 years of age, his or her parents or guardian or the Agency or, where relevant, any nominated person.

(2) Subject to subsection (3), a clinical director who receives a request under subsection (1) may request the Executive to make an application under section 79* for the transfer of the involuntarily admitted child with the consent of the clinical director of the registered acute mental health centre to which the child is to be transferred.

(3) Before deciding whether to request the Executive to make an application under section 79, the clinical director who received the request under subsection (1) shall consult with the child the subject of the application, the responsible consultant psychiatrist and other members of the child’s multidisciplinary team and, as appropriate, the child’s parents or guardian or the Agency and any nominated person.

(4) The clinical director who received the request under subsection (1) shall, within 7 days of receiving the request—

(a) make his or her decision on whether or not to request the Executive to make an application under section 79,

(b) provide a copy in writing of that decision to the person who made the request which shall include, where the clinical director refuses a request, the reasons for refusing the request, and

Seanad amendment agreed to.

Seanad amendment No. 292:

Section 77: In page 87, line 26, to delete “grant” and substitute “give”.

Seanad amendment agreed to.

Seanad amendment No. 293:

Section 77: In page 87, line 26, to delete “Part” and substitute “Act”.

Seanad amendment agreed to.

Seanad amendment No. 294:

Section 77: In page 87, lines 31 to 33, to delete all words from and including “parents” in line 31 down to and including “Agency” in line 33 and substitute “child’s parents or guardian or the Agency”.

Seanad amendment agreed to.

Seanad amendment No. 295:

Section 77: In page 87, between lines 36 and 37, to insert the following:

“(2) Where a permitted absence is given under subsection (1) to—

(a) a child the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, or

(b) a child under 16 years of age or aged 16 years or older assessed as lacking capacity to consent under section 61,

he or she shall be released into the care of his or her relevant carer for the duration of the permitted absence.

(3) The responsible consultant psychiatrist shall, where practicable, give adequate notice of not less than 3 days to the child’s relevant notified carers in advance of giving a permitted absence under subsection (1).”.

Seanad amendment agreed to.

Seanad amendment No. 296:

Section 77: In page 87, line 37, to delete “subsection (1),” and substitute “subsection (1)”.

Seanad amendment agreed to.

Seanad amendment No. 297:

Section 77: In page 88, to delete lines 1 to 4.

Seanad amendment agreed to.

Seanad amendment No. 298:

Section 77: In page 88, line 6, to insert “responsible” before “consultant psychiatrist”.

Seanad amendment agreed to.

Seanad amendment No. 299:

Section 77: In page 88, line 8, after “child” to insert “and his or her relevant carer for the child”.

Seanad amendment agreed to.

Seanad amendment No. 300:

Section 78: In page 88, lines 23 and 24, to delete all words from and including “child,” in line 23 down to and including “Agency” in line 24 and substitute “child or his or her relevant carer”.

Seanad amendment agreed to.

Seanad amendment No. 301:

Section 79: In page 89, lines 16 and 17, to delete all words from and including “parents,” in line 16 down to and including “Agency,” in line 17 and substitute “parents or guardian or the Agency”.

Seanad amendment agreed to.

Seanad amendment No. 302:

Section 80: In page 89, lines 24 and 25, to delete “(in this section referred to as “information relevant to the decision”)”.

Seanad amendment agreed to.

Seanad amendment No. 303:

Section 80: In page 89, line 29, to delete “section 60” and substitute “section 61”.

Seanad amendment agreed to.

Seanad amendment No. 304:

Section 80: In page 89, to delete lines 30 to 37 and substitute the following:

“consent of the child’s parents or guardian or the Agency obtained freely without threats or inducement where—

(a) adequate information in a form and language that the child can understand on the nature, purpose and likely effects of the treatment concerned has been given to the child’s parents or guardian or the Agency, and

(b) due regard has been given to the views and the will and preferences of the child in accordance with the guiding principles.”.

Seanad amendment agreed to.

Seanad amendment No. 305:

Section 80: In page 90, lines 4 to 6, to delete all words from and including “section 61” in line 4 down to and including “Agency” in line 6 and substitute “section 61, his or her parents or guardian or the Agency”.

Seanad amendment agreed to.

Seanad amendment No. 306:

Section 81: In page 90, lines 12 to 14, to delete all words from and including “parents,” in line 12 down to and including “Agency,” in line 14 and substitute “parents or guardian or the Agency”.

Seanad amendment agreed to.

Seanad amendment No. 307:

Section 81: In page 90, lines 17 to 19, to delete all words from and including “The parents” in line 17 down to and including “Agency,” in line 19 and substitute “In respect of an involuntarily admitted child under 16 years of age, his or her parents or guardian or the Agency”.

Seanad amendment agreed to.

Seanad amendment No. 308:

Section 81: In page 90, to delete lines 26 and 27.

Seanad amendment agreed to.

Seanad amendment No. 309:

Section 82: In page 90, lines 35 and 36, to delete “parents, or either of them, or guardian, or, where the child is the subject of a care order, the Child and Family Agency refuses” and substitute “parents or guardian or the Agency refuse or refuses”.

Seanad amendment agreed to.

Seanad amendment No. 310:

Section 82: In page 90, line 38, before “his” to insert “other than where the child is the subject of a care order,”.

Seanad amendment agreed to.

Seanad amendment No. 311:

Section 82: In page 91, lines 3 and 4, to delete “parents, or either of them, or guardian, or, where the child is the subject of a care order, the Child and Family Agency refuses” and substitute “parents or guardian or the Agency refuse or refuses”.

Seanad amendment agreed to.

Seanad amendment No. 312:

Section 82: In page 91, line 6, before “his” to insert “other than where the child is the subject of a care order,”.

Seanad amendment agreed to.

Seanad amendment No. 313:

Section 82: In page 91, line 8, to delete “or on behalf of the responsible consultant psychiatrist” and substitute “the Executive”.

Seanad amendment agreed to.

Seanad amendment No. 314:

Section 82: In page 91, line 9, after “the”, where it firstly occurs, to insert “Family”

Seanad amendment agreed to.

Seanad amendment No. 315:

Section 82: In page 91, line 21, after “will” to insert “materially”.

Seanad amendment agreed to.

Seanad amendment No. 316:

Section 82: In page 91, line 24, after “the” to insert “Family High”.

Seanad amendment agreed to.

Seanad amendment No. 317:

Section 82: In page 91, lines 30 to 32, to delete all words from and including “the parents” in line 30 down to and including “or its” in line 32 and substitute “his or her parents or guardian or the Agency withdraws the”.

Seanad amendment agreed to.

Seanad amendment No. 318:

Section 82: In page 91, between lines 33 and 34, to insert the following:

“(4) Where an application is made to the Family High Court under subsection (1), the Executive shall immediately notify—

(a) the guardian ad litem appointed for the child, and

(b) the child’s relevant notified carers,

of the making of the application and any treatment provided under subsection (6).”.

Seanad amendment agreed to.

Seanad amendment No. 319:

Section 82: In page 91, line 34, after “the” to insert “Family High”.

Seanad amendment agreed to.

Seanad amendment No. 320:

Section 82: In page 91, after line 39, to insert the following:

“(5) An application may be made by the Executive to the Family High Court to renew a treatment order made under this section, subject to any directions of the Court, where the grounds in paragraph (a) or (b) of subsection (1) and the relevant criteria in subsection (2) continue to apply.

(6) Where an application to the Family High Court has been made under subsection (1) or (5) in relation to an involuntarily admitted child under 16 years of age or an involuntarily admitted child aged 16 years or older who has been assessed as lacking capacity under section 61, treatment may be administered to the involuntarily admitted child prior to the hearing of the application, for a period of 72 hours after its initiation or until the hearing of the application by the Family High Court, whichever is sooner, where, in the opinion of the responsible consultant psychiatrist, the grounds in paragraph (a) or (b) of subsection (1) and the relevant criteria in subsection (2) continue to apply.

(7) Where treatment is administered to a child without consent pursuant to a treatment order under subsection (1) or prior to the hearing of the application under subsection (6), the absence of consent and details of the treatment or treatments shall be noted in his or her medical records.

(8) A treatment order shall, subject to any directions of the Family High Court, have effect for a period not exceeding 3 months.”.

Seanad amendment agreed to.

Seanad amendment No. 321:

Section 82: In page 92, line 1, after “the”, where it firstly occurs, to insert “Family High”.

Seanad amendment agreed to.

Seanad amendment No.322:

Section 82: In page 92, line 5, after “age,” to insert “or”.

Seanad amendment agreed to.

Seanad amendment No.323:

Section 82: In page 92, to delete lines 8 to 10.

Seanad amendment agreed to.

Seanad amendment No. 324:

Section 82: In page 92, lines 11 to 13, to delete all words from and including “the” where it secondly occurs in line 11 down to and including “Agency,” in line 13 and substitute “the child’s parents or guardian or the Agency”.

Seanad amendment agreed to.

Seanad amendment No. 325:

Section 82: In page 92, line 14, to delete “parents, or either of them, or guardian, or, the Child and Family Agency” and substitute “parents or guardian or the Agency”.

Seanad amendment agreed to.

Seanad amendment No. 326:

Section 82: In page 92, line 15, to delete “or refuse to consent to treatment” and substitute “or refuse treatment”.

Seanad amendment agreed to.

Seanad amendment No. 327:

Section 82: In page 92, lines 16 and 17, to delete “paragraphs (a), (b), (c) and (d) of subsection (2) apply” and substitute “paragraphs (a), (b) and (d) of subsection (2) apply (with the modification that a reference to an involuntarily admitted child shall be construed as a reference to the child concerned)”.

Seanad amendment agreed to.

Seanad amendment No. 328:

Section 82: In page 92, line 21, to delete “record” and substitute “records”.

Seanad amendment agreed to.

Seanad amendment No. 328a:

Section 83: In page 92, to delete lines 22 to 36

Seanad amendment agreed to.

Seanad amendment No. 329:

Section 84: In page 92, after line 36, to insert the following:

“Application to Family District Court for relevant treatment order

84. (1) Subject to subsections (11) and (16), an application for a treatment order under this section may be made by the Executive where—

(a) treatment cannot be administered to an involuntarily admitted child aged 16 years or older assessed as lacking capacity under section 61 or an involuntarily admitted child aged under 16 years because—

(i) his or her parents, or either of them, or guardian, having been given an opportunity to consent to or refuse the treatment concerned, fail to do so or are incapable of doing so, or

(ii) his or her parents, or either of them, or guardian, after the making of reasonable enquiries, cannot be found,

and

(b) the relevant criteria in subsection (2) apply.

(2) The relevant criteria for the purpose of subsection (1) are that there is no alternative safe and effective treatment available and—

(a) the treatment is immediately necessary for the protection of life of the child or that of another person,

(b) the treatment is necessary for protection from an immediate and serious threat to the health of the child, or that of another person, or

(i) he or she requires treatment immediately,

(ii) the treatment required to be given to the child cannot be given to that child other than in a registered acute mental health centre, and

(iii) the treatment of the child concerned would be likely to materially benefit the condition of that child.

(3) The following provisions shall have effect in relation to an application under subsection (1):

(a) the application shall be made—

(i) at the next sitting of the Family District Court held in the Family District Court district in which the child resides or is for the time being,

(iii) in the event that the next sitting of the Family District Court or District Court is not due to be held within 3 working days, at a sitting of the Family District Court or District Court which has been specially arranged under paragraph (d), held within the said 3 working days;

(e) the Executive shall specify the proposed treatment to be administered to the child concerned.

(4) Before making an application under subsection (1) due to a failure by a child’s parents, or either of them, or guardian to consent to or refuse the treatment concerned, the Executive shall—

(a) provide adequate time, information and, as appropriate, support to assist a child’s parents, or either of them, or guardian to make a decision regarding the treatment concerned, and

(b) inform the parents, or either of them, or guardian of its intention to make an application and consult with them in advance as appropriate.

(5) Where an application is made under subsection (1), the Executive shall immediately notify the making of the application to—

(a) the guardian ad litem appointed for the child,

(b) where possible and appropriate, the child’s parents, or either of them, or guardian,

(c) where the child is the subject of a voluntary care arrangement, an interim care order, an emergency care order or a supervision order, the Agency, and

(d) any other person specified by the Family District Court or the District Court, as the case may be.

(6) Subject to subsection (14), where the Family District Court or the District Court, as the case may be, is satisfied, having considered any reports or evidence that may be adduced before it, that the grounds in paragraph (a) of subsection (1) and the relevant criteria in subsection (2) continue to apply, the Court may make an order (in this section referred to as a “relevant treatment order”) for the administration of the proposed treatment to the child concerned in a registered acute mental health centre for a period not exceeding 21 days.

(7) Before making a relevant treatment order, the Family District Court or the District Court, as the case may be, may request and consider such reports or evidence as it considers necessary to be furnished to the Court, within such period as may be specified by the Court.

(8) Where an application has been made under subsection (1), treatment may be administered to the child the subject of the application for a period of 72 hours from the initiation of the application or until the hearing of the application by the Family District Court or the District Court, as the case may be, whichever is sooner, where, in the opinion of the responsible consultant psychiatrist, the grounds in paragraph (a) of subsection (1) and the relevant criteria in subsection (2) continue to apply.

(9) Where treatment is administered under subsection (8), the Executive shall immediately notify the persons specified in paragraphs (a), (b), (c) and (d) of subsection (5).

(10) On the hearing of an application under subsection (1), the Family District Court or the District Court, as the case may be, pending its determination of the application, of its own motion or on the application of any person, may give such interim directions as it sees fit as to the care and treatment of the child the subject of the application, but any such direction shall cease to have effect immediately on the determination by the Court of the application before it.

(11) Where, in the case of an involuntarily admitted child aged 16 years or older assessed as lacking capacity under section 61 or an involuntarily admitted child aged under 16 years—

(a) the responsible consultant psychiatrist, and

(b) the child’s parents or guardian or the Agency,

agree that it would be detrimental to the relationship between the child and his or her parents or guardian or the Agency for that person or persons to consent to or refuse treatment, and, in the opinion of the responsible consultant psychiatrist, the relevant criteria in subsection (2) apply, an application for a relevant order may be made under this section with any necessary modifications.

(12) An application may be made by the Executive to the Family District Court or the District Court, as the case may be, to renew a relevant treatment order for one further period not exceeding 21 days, commencing on the date of the expiry of the initial relevant treatment order, subject to any directions of the Court, where—

(a) in the case of a child aged 16 years or older, the child continues to lack capacity to consent to or refuse treatment, and

(b) the grounds in in paragraph (a) of subsection (1) and the relevant criteria in subsection (2) continue to apply,

and subsections (3), (4), (5), (7), (8), (9) and (10) shall apply to such a renewal application with any necessary modifications.

(13) The Executive shall withdraw any application under this section not yet determined by the Family District Court or the District Court, as the case may be, where any of the matters in subsection (14) occur.

(14) Treatment may be administered pursuant to a relevant treatment order or any renewed relevant treatment order under this section until such time as the order expires or any of the following occurs, whichever is the sooner:

(a) in the case of a child aged 16 years or older, he or she is assessed under section 61 as having capacity to consent to or refuse treatment;

(b) the child’s parents, or either of them, or guardian makes a decision to consent to or refuse treatment on behalf of the child;

(d) the responsible consultant psychiatrist discontinues the treatment.

(15) The Executive shall notify the Agency where a relevant treatment order is made under subsection (6) or renewed under subsection (12).

(16) This section shall not apply to a child the subject of a care order other than where subsection (11) applies.”.

Seanad amendment agreed to.

Seanad amendment No. 330:

Section 85: In page 93, between lines 8 and 9, to insert the following:

“Prohibition on administration of electro-convulsive therapy for children

85.Electro-convulsive therapy shall not be administered to a child and, accordingly, a reference in this Part to treatment that may be administered to a child, or authorised or directed in respect of a child, shall not include electro-convulsive therapy.”.

Seanad amendment agreed to.

Seanad amendment No. 331:

Section 86: In page 93, to delete lines 26 to 28 and substitute the following:

“(c) the application of such restraint is determined by the consultant psychiatrist, in accordance with regulations made under section 89, to be necessary where there is an immediate threat of serious harm to the child or to another person, and”.

Seanad amendment agreed to.

Seanad amendment No. 332:

Section 88: In page 94, between lines 4 and 5, to insert the following:

“Pharmacological restraint for children

88.A pharmacological restraint shall not be applied in respect of a child receiving treatment in a registered acute mental health centre unless—

(a) the restraint is ordered by a consultant psychiatrist only,

(b) the restraint is initiated by a relevant health professional,

(d) the application of such restraint is determined by the consultant psychiatrist, in accordance with regulations made under section 89, to be necessary where there is an immediate threat of serious harm to the child or to another person, and

(e) the pharmacological restraint concerned complies with regulations under section 89.”.

Seanad amendment agreed to.

Seanad amendment No. 333:

Section 88: In page 94, line 6, to delete “should be applied in respect of a child only" and substitute "may only be applied in respect of a child”.

Seanad amendment agreed to.

Seanad amendment No. 334:

Section 88: In page 94, lines 25 and 26, to delete “which in the opinion of the consultant psychiatrist or relevant health professional expects will” and substitute “which, in the opinion of the consultant psychiatrist or relevant health professional, will”.

Seanad amendment agreed to.

Seanad amendment No. 335:

Section 88: In page 94, line 27, after “proprietor” to insert “of a registered acute mental health centre”.

Seanad amendment agreed to.

Seanad amendment No. 336:

Section 88: In page 94, line 35, to delete “record” and substitute “records”.

Seanad amendment agreed to.

Seanad amendment No. 337:

Section 88: In page 94, line 35, to delete “specified,” and substitute “specified”.

Seanad amendment agreed to.

Seanad amendment No. 338:

Section 89: In page 95, line 12, after “Minister,” to insert “and following consultation with the Minister and Minister for Children, Disability and Equality,”.

Seanad amendment agreed to.

Seanad amendment No. 339:

Section 89: In page 95, line 21, after “section 10” to insert “(including that the best interests and the welfare of the child shall be the primary consideration)”.

Seanad amendment agreed to.

Seanad amendment No. 340:

Section 90: In page 96, lines 8 to 14, to delete all words from and including “(1) Subject” in line 8 down to and including line 14 and substitute the following:

“(1) Where a restrictive practice is applied in respect of a child admitted under section 62, 63, 64 or 66, his or her relevant notified carers and nominated person, if any, shall be

informed of the application of the restrictive practice as soon as possible after the initiation of the application of the restrictive practice.”.

Seanad amendment agreed to.

Seanad amendment No. 341:

Section 90: In page 96, to delete lines 15 to 23.

Seanad amendment agreed to.

Seanad amendment No. 342:

Section 90: In page 96, line 26, to delete “subsections (1) to (4)” and substitute “subsection (1)”.

Seanad amendment agreed to.

Seanad amendment No. 343:

Section 90: In page 96, line 31, to delete “Child and Family”.

Seanad amendment agreed to.

Seanad amendment No. 344:

Section 90: In page 96, line 33, to delete “record” and substitute “records”.

Seanad amendment agreed to.

Seanad amendment No. 345:

Section 91: In page 96, to delete lines 35 to 40 and in page 97, to delete lines 1 to 15 and substitute the following:

“Role of parent or guardian regarding application of restrictive practice

91. (1) As soon as practicable after the admission of a child admitted voluntarily under section 62, a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64 or an involuntarily admitted child, the responsible consultant psychiatrist or another member of the child’s multidisciplinary team shall—

(a) subject to subsection (3), provide information on the application of restrictive practices in that registered acute mental health centre to—

(i) the child,

(ii) his or her nominated person, if any, and

(iii) the child’s relevant consulted carers, if any,

(b) take into account the views of any person to whom information is provided under paragraph (a) regarding the application of restrictive practices, and

(c) record the views of any person to whom information is provided under paragraph (a) in the child’s medical records and care plan.

(2) As soon as practicable after the admission of a child voluntarily admitted under section 63, the responsible consultant psychiatrist or another member of the child’s multidisciplinary team shall—

(a) subject to subsection (3), provide information on the application of restrictive practices in that registered acute mental health centre to—

(i) the child,

(ii) his or her nominated person, if any, and

(iii) his or her relevant consulted carers, if any,

(b) take into account the views of any person to whom information is provided under paragraph (a) regarding the application of restrictive practices, and

(c) record the views of any person to whom information is provided under paragraph (a) in the child’s medical records and care plan.

(3) Where the responsible consultant psychiatrist forms an opinion that it would be in the best interests of the child for any persons specified in subsection (1)(a) or (2)(a) not to be provided with information on the application of restrictive practices, such information is not required to be provided.

(4) Where information is provided to a child under subsection (1)(a) or (2)(a), such information shall be—

(a) given in a manner that is accessible to the child, and

(b) provided in a manner that can reasonably be understood by the child.".

Seanad amendment agreed to.

Seanad amendment No. 346:

Section 109: In page 107, line 13, after “and” to insert “the”.

Seanad amendment agreed to.

Seanad amendment No. 347:

Section 110: In page 107, line 24, to delete “employed,” and substitute “was employed”.

Seanad amendment agreed to.

Seanad amendment No. 348:

Section 111: In page 108, line 10, to delete “section 5” and substitute “section 242”.

Seanad amendment agreed to.

Seanad amendment No. 349:

Section 116: In page 110, line 12, to delete “and” and substitute “or”.

Seanad amendment agreed to.

Seanad amendment No. 350:

Section 127: In page 116, line 25, after “and” to insert “the”.

Seanad amendment agreed to.

Seanad amendment No. 351:

Section 128: In page 117, line 17, to delete “or” and substitute “and”.

Seanad amendment agreed to.

Seanad amendment No. 352:

Section 130: In page 118, lines 5 to 7, to delete all words from and including “persons,” in line 5 down to and including “Inspectors”)” in line 7 and substitute “persons (who shall be known as Assistant Inspectors of Mental Health Services and are referred to in this Act as “Assistant Inspectors”), including members of staff of the Commission,”.

Seanad amendment agreed to.

Seanad amendment No. 353:

Section 130: In page 118, lines 13, after “and” to insert “the”.

Seanad amendment agreed to.

Seanad amendment No. 354:

Section 132: In page 120, line 19, after “section 25,” to insert “42,”.

Seanad amendment agreed to.

Seanad amendment No. 355:

Section 132: In page 120, line 21, to delete “or” where it firstly occurs and substitute “and”.

Seanad amendment agreed to.

Seanad amendment No. 356:

Section 132: In page 120, line 29, to delete “or” where it firstly occurs and substitute “and”.

Seanad amendment agreed to.

Seanad amendment No. 357:

Section 133: In page 120, line 34, to delete “subsection (1)(a)” and substitute “subsection (1)”.

Seanad amendment agreed to.

Seanad amendment No. 358:

Section 134: In page 121, line 20, to delete “its” and substitute “his or her”.

Seanad amendment agreed to.

Seanad amendment No. 359:

Section 135: In page 122, line 10, to delete “Committee of Inquiry” and substitute “committee (in this section referred to as a “Committee of Inquiry”)”.

Seanad amendment agreed to.

Seanad amendment No. 360:

Section 135: In page 122, line 13, to delete “the inquiry” and substitute “carrying out an inquiry”.

Seanad amendment agreed to.

Seanad amendment No. 361:

Section 135: In page 122, line 25, to delete “the later of the periods” and substitute “the period”.

Seanad amendment agreed to.

Seanad amendment No. 362:

Section 139: In page 124, line 21, to delete “section” and substitute “Act”.

Seanad amendment agreed to.

Seanad amendment No. 363:

Section 140: In page 125, line 4, to delete “section” and substitute “Act”.

Seanad amendment agreed to.

Seanad amendment No. 364:

Section 141: In page 125, line 20, to delete “section” and substitute “Act”.

Seanad amendment agreed to.

Seanad amendment No. 365:

Section 146: In page 127, line 28, to delete “or” and substitute “and”.

Seanad amendment agreed to.

Seanad amendment No. 366:

Section 147: In page 128, line 33, to delete “or” and substitute “and”.

Seanad amendment agreed to.

Seanad amendment No. 367:

Section 148: In page 129, line 26, to delete “or” and substitute “and”.

Seanad amendment agreed to.

Seanad amendment No. 368:

Section 150: In page 132, lines 3 and 4, to delete “in accordance with section 146, 147 or 148 or following an inspection in accordance with section 128,” and substitute “in accordance with section 146, 147 or 148, or impose a condition, including an additional condition, where it considers it necessary under section 152,”.

Seanad amendment agreed to.

Seanad amendment No. 369:

Section 150: In page 132, between lines 4 and 5, to insert the following:

“(c) vary or impose a condition, including an additional condition, where it considers it necessary under section 152, or”.

Seanad amendment agreed to.

Seanad amendment No. 370:

Section 150: In page 132, to delete lines 7 to 11 and substitute “it shall notify the registered proprietor in writing of the proposal and the reasons for the proposal not later than 14 days after the date of the proposal, and that he or she may make representations in accordance with this section.”.

Seanad amendment agreed to.

Seanad amendment No. 371:

Section 152: In page 133, line 17, to delete “remove,”.

Seanad amendment agreed to.

Seanad amendment No. 372:

Section 153: In page 134, lines 8 and 9, to delete “refusal by the Commission to vary or remove a condition on the registration” and substitute “proposal by the Commission not to grant the application concerned”.

Seanad amendment agreed to.

Seanad amendment No. 373:

Section 155: In page 134, line 36, to delete “imposed” and substitute “attached, varied or imposed”.

Seanad amendment agreed to.

Seanad amendment No. 374:

Section 156: In page 136, line 15, to delete “registered” and substitute “the”.

Seanad amendment agreed to.

Seanad amendment No. 375:

Section 161: In page 137, after line 37, to insert the following:

“(d) making an application under Part 5 of the Act of 2015 for the purposes of Chapter 3 of Part 3;”.

Seanad amendment agreed to.

Seanad amendment No. 376:

Section 161: In page 138, line 1, to delete “to maintain or cause” and substitute “maintaining or causing”.

Seanad amendment agreed to.

Seanad amendment No. 377:

Section 161: In page 138, line 2, to delete “to liaise” and substitute “liaising”.

Seanad amendment agreed to.

Seanad amendment No. 378:

Section 161: In page 138, line 5, to delete “section 146, 147 or 148” and substitute “section 142, 143 or 144”.

Seanad amendment agreed to.

Seanad amendment No. 379:

Section 161: In page 138, line 8, to delete “or” and substitute “and”.

Seanad amendment agreed to.

Seanad amendment No. 380:

Section 163: In page 138, lines 23 and 24, to delete “(in this Part known as the “registered person”)”.

Seanad amendment agreed to.

Seanad amendment No. 381:

Section 163: In page 138, line 25, to delete “this section” and substitute “this section (in this Part known as the “registered person”)”.

Seanad amendment agreed to.

Seanad amendment No. 382:

Section 164: In page 138, line 40, to delete “Part” and substitute “Act”.

Seanad amendment agreed to.

Seanad amendment No. 383:

Section 164: In page 139, line 22, to delete “or” and substitute “and”.

Seanad amendment agreed to.

Seanad amendment No. 384:

Section 166: In page 141, to delete line 13 and substitute the following:

“(12) This section applies to sections 152, 157, 158, 159, 160, 161(3), 164(6), 175, 176, 181, 184, 187, and 188.”.

Seanad amendment agreed to.

Seanad amendment No. 385:

Section 167: In page 141, line 24, to delete “matter”.

Seanad amendment agreed to.

Seanad amendment No. 386:

Section 168: In page 142, to delete lines 31 to 36 and substitute the following:

“(4) Where, on hearing an application under subsection (1), the District Court is satisfied that there is a risk to the life, or a serious risk to the health or welfare, of members of the staff or a person accessing the registered mental health service because of any act, omission, failure to act or negligence on the part of the registered mental health service or the registered proprietor, it may make an order in accordance with that subsection—”.

Seanad amendment agreed to.

Seanad amendment No. 387:

Section 171: In page 144, line 8, to delete “under” and substitute “in accordance with”.

Seanad amendment agreed to.

Seanad amendment No. 388:

Section 172: In page 144, line 35, to delete “centre” and substitute “registered acute mental health centre”.

Seanad amendment agreed to.

Seanad amendment No. 389:

Section 172: In page 145, line 2, to delete “proprietor,” and substitute “proprietor”.

Seanad amendment agreed to.

Seanad amendment No. 390:

Section 172: In page 145, line 5, to delete “District Court in the District Court district” and substitute “Family District Court in the Family District Court district”.

Seanad amendment agreed to.

Seanad amendment No. 391:

Section 172: In page 145, line 9, to delete “detention,” and substitute “detention”.

Seanad amendment agreed to.

Seanad amendment No. 392:

Section 173: In page 146, lines 7 to 20, to delete all words from and including “(1) Where—” in line 7 down to and including line 20 and substitute the following:

“(1) Where—

(a) the registration of a registered acute mental health centre has been cancelled and the service will cease to provide mental health services, and

(b) the Executive is not taking charge of the centre concerned or the centre concerned will otherwise cease to provide mental health services,

the Executive or the registered proprietor shall or may, as the case may be, carry out the steps specified in subsection (2) in respect of any person (including a voluntarily admitted child or a child aged 16 years or older lacking capacity admitted with parental consent) receiving treatment in the centre concerned who is not subject to an involuntary admission order or a renewal order.

(2) Where subsection (1) applies, the Executive or the registered proprietor—

(a) shall, where there is an imminent risk of harm to the person concerned if he or she does not continue to receive mental health treatment, arrange for his or her transfer to another registered acute mental health centre, or

(b) may, where there is no risk of harm to the person concerned, arrange for his or her transfer to another registered acute mental health centre.”.

Seanad amendment agreed to.

Seanad amendment No. 393:

Section 173: In page 146, line 28, to delete “proprietor, may arrange for his or her transfer” and substitute “proprietor may arrange for the transfer of the person concerned”.

Seanad amendment agreed to.

Seanad amendment No. 394:

Section 173: In page 146, line 32, to delete “subsection (1)” and substitute “subsection (2)”

Seanad amendment agreed to.

Seanad amendment No. 395:

Section 175: In page 148, to delete line 18 and substitute “a registered mental health service be required—”.

Seanad amendment agreed to.

Seanad amendment No. 396:

Section 175: In page 148, between lines 32 and 33, to insert the following:

“(k) the information to be provided by a registered mental health service on any relevant advocacy services and access to such services, as appropriate;”.

Seanad amendment agreed to.

Seanad amendment No. 397:

Section 176: In page 149, line 14, to delete “age appropriate” and substitute “age-appropriate”.

Seanad amendment agreed to.

Seanad amendment No. 398:

Section 176: In page 149, between lines 15 and 16, to insert the following:

“(3) A person who contravenes a provision of a regulation made under subsection (1) that is stated in the regulations to be a penal provision shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months, or to both.”.

Seanad amendment agreed to.

Seanad amendment No. 399:

Section 177: In page 149, line 31, after “section 20” to insert “or 74”

Seanad amendment agreed to.

Seanad amendment No. 400:

Section 179: In page 151, lines 12 and 13, to delete “A member of a person’s multidisciplinary team shall, following a comprehensive assessment of a person in a registered acute mental health centre” and substitute “A member of the multidisciplinary team of a person, other than a child, admitted to a registered acute mental health centre shall, following a comprehensive assessment of the person”.

Seanad amendment agreed to.

Seanad amendment No. 401:

Section 179: In page 151, line 29, to delete “insofar” and substitute “in so far”.

Seanad amendment agreed to.

Seanad amendment No. 402:

Section 180: In page 152, line 8, to delete “prescribed” and substitute “prescribed,”.

Seanad amendment agreed to.

Seanad amendment No. 403:

Section 180: In page 152, lines 21 and 22, to delete “a parent or guardian of the child as appropriate, or in the case of a child, the subject of a care order, the Child and Family Agency” and substitute “the child’s relevant consulted carers, if any,”.

Seanad amendment agreed to.

Seanad amendment No. 404:

Section 180: In page 152, to delete line 24 and substitute the following:

“(b) ensure that any consultation is accessible to the child and that information shall be provided in a manner that can reasonably be understood by the child, and”.

Seanad amendment agreed to.

Seanad amendment No. 405:

Section 180: In page 152, to delete lines 25 to 31 and substitute the following:

“(c) provide a copy of that plan to—

(i) the child concerned,

(ii) the child’s relevant consulted carers, if any,

(iii) in relation to a child who is the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, if not already notified under subparagraph (ii), the Agency, and

(iv) the child’s nominated person, if any.”.

Seanad amendment agreed to.

Seanad amendment No. 406:

Section 180: In page 152, lines 35 to 37, to delete “his or her parent or guardian, or, in the case of a child the subject of a care order, the Child and Family Agency and other members of the multidisciplinary team as appropriate” and substitute “his or her relevant consulted carers, if any”.

Seanad amendment agreed to.

Seanad amendment No. 407:

Section 180: In page 153, lines 3 and 4, to delete “parent or guardian, or, in the case of a child, the subject of a care order, the Child and Family Agency” and substitute “parents or guardian or the Agency”

Seanad amendment agreed to.

Seanad amendment No. 408:

Section 181: In page 153, lines 13 to 15, to delete “adult, child or parent or guardian, or, in the case of a child, the subject of a care order, the Child and Family Agency, where appropriate, the subject of a care plan” and substitute “adult or child the subject of a care plan, and, where appropriate, the parents, or either of them, or guardian of a child the subject of a care plan or the Agency”.

Seanad amendment agreed to.

Seanad amendment No. 409:

Section 181: In page 153, lines 20 and 21, to delete all words from and including “child” where it firstly occurs in line 20 down to and including “Agency” in line 21 and substitute “child’s parents or guardian or the Agency”.

Seanad amendment agreed to.

Seanad amendment No. 410:

Section 184: In page 154, line 18, to delete “for the following” and substitute “for any or all of the following”.

Seanad amendment agreed to.

Seanad amendment No. 411:

Section 185: In page 155, line 5, to delete “section” and substitute “Act”.

Seanad amendment agreed to.

Seanad amendment No. 412:

Section 185: In page 155, line 6, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 413:

Section 185: In page 155, line 8, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 414:

Section 185: In page 155, line 12, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 415:

Section 185: In page 155, line 16, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 416:

Section 185: In page 155, line 18, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 417.

Section 185: In page 155, to delete lines 22 to 28

Seanad amendment agreed to.

Seanad amendment No. 418:

Section 186: In page 155, line 37, to delete “section” and substitute “Act”.

Seanad amendment agreed to.

Seanad amendment No. 419:

Section 186: In page 155, line 38, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 420:

Section 186: In page 155, line 39, to delete “90 and 91” and substitute “90, 91 and 180 and to make requests in accordance with section 80*”.

Seanad amendment agreed to.

Seanad amendment No. 421:

Section 186: In page 156, line 1, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 422:

Section 186: In page 156, line 5, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 423:

Section 186: In page 156, line 9, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 424:

Section 186: In page 156, line 12, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 425:

Section 186: In page 156, line 18, to delete “nominee” and substitute “nominated person”.

Seanad amendment agreed to.

Seanad amendment No. 426:

Section 187: In page 156, line 22, to delete “Subject to section 188, a registered proprietor” and substitute “A registered proprietor of a registered community mental health centre or a registered community mental health service”.

Seanad amendment agreed to.

Seanad amendment No. 427:

Section 187: In page 156, line 23, to delete “who is in a registered mental health service” and substitute “who is in or being treated by the registered community mental health centre or the registered community mental health service concerned”.

Seanad amendment agreed to.

Seanad amendment No. 428:

Section 187: In page 156, lines 28 and 29, to delete “a registered mental health service” and substitute “the registered community mental health centre or the registered community mental health service concerned”.

Seanad amendment agreed to.

Seanad amendment No. 429:

Section 187: In page 156, line 30, to delete “on a person” and substitute “of a person”.

Seanad amendment agreed to.

Seanad amendment No. 430:

Section 187: In page 156, line 31, to delete “the registered mental health service” and substitute “the registered community mental health centre or the registered community mental health service concerned”.

Seanad amendment agreed to.

Seanad amendment No. 431:

Section 187: In page 156, line 38, to delete “registered mental health service” and substitute “registered community mental health centre or a registered community mental health service”.

Seanad amendment agreed to.

Seanad amendment No. 432:

Section 188: In page 157, line 2, after “proprietor” to insert “of a registered acute mental health centre”.

Seanad amendment agreed to.

Seanad amendment No. 433:

Section 188: In page 157, line 10, to delete “section 62(2), 64(2), 66 or 70” and substitute “section 62(2), 64(2), 66, 67 or 70”.

Seanad amendment agreed to.

Seanad amendment No. 434:

Section 188: In page 157, line 15, before “any” to insert “where the person is an adult,”.

Seanad amendment agreed to.

Seanad amendment No. 435:

Section 189: In page 157, line 34, after “Part 6” to insert “(other than an offence under section 175 or 176)”.

Seanad amendment agreed to.

Seanad amendment No. 436:

Section 192: In page 158, line 20, to delete “sections” and substitute “section”.

Seanad amendment agreed to.

Seanad amendment No. 437:

Section 194: In page 159, lines 12 and 13, to delete “(“legal advice”)”.

Seanad amendment agreed to.

Seanad amendment No. 438:

Section 196: In page 160, to delete lines 32 to 34.

Amendments Nos. 438 and 439 are related and may be discussed together.

These amendments both relate to legal representatives assigned for the provision of legal aid. Amendment No. 438 removes subsection 196 (7) which is not required now as the definition in section 2 requires the legal representative to be a practising barrister or solicitor. Amendment No. 439 sets out that the legal representative assigned must provide information to the commission, where requested, to ensure that the work carried out is "of a sufficiently high standard". This will ensure that the commission can monitor the quality of services being provided to detained people and help better vindicate the rights of people detained under the Act.

Seanad amendment agreed to.

Seanad amendment No. 439:

Section 199: In page 162, between lines 21 and 22, to insert the following:

“(2) An assigned legal representative shall comply with a request of the Commission under subsection (1).”.

Seanad amendment agreed to.

Seanad amendment No. 440:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“PART 8

AMENDMENT OF CRIMINAL LAW (INSANITY) ACT 2006

Definition

201.In this Part, “Act of 2006” means the Criminal Law (Insanity) Act 2006.”.

Amendments Nos. 440 to 456, inclusive, are related and may be discussed together.

These amendments all relate to the Criminal Law (Insanity) Act 2006 and were introduced following extensive consultation between my Department and the Department of justice as well as consultation between both Departments and the Attorney General’s Office. The Department of justice is the Department with policy responsibility for this Act, so it was important that it supported all amendments. That Department carried out consultation with its own stakeholders, including the Director of Public Prosecutions and the Criminal Law Review Board. Officials in my own Department consulted with the National Forensic Mental Health Service regarding these amendments. These amendments update the references throughout the Criminal Law (Insanity) Act from the Mental Health Act 2001 to the Mental Health Act 2026. This is a positive step, as it will ensure that both Acts are aligned and that people detained under the Criminal Law (Insanity) Act can enjoy the additional safeguards and protections of the new Mental Health Act 2026. This includes the additional safeguards around consent to treatment and the use of restrictive practices. In addition to the extensive consultation carried out, legal advice was provided to my Department and the Department of justice that provided assurances that the amendments were appropriate. These are two very complex Acts and they deal with very vulnerable people with acute mental disorders. I was delighted to be able to carry the amendments on Report Stage in the Seanad and I am assured that both Departments are satisfied with the changes. The inclusion of these amendments is a very positive development. It will better vindicate the rights of people detained under the Criminal Law (Insanity) Act 2006 and ensure that this group of people will have access to the additional protections of the Mental Health Act 2026.

I would like to reiterate what I said earlier about that 28-day transition period. It is really crucial that nobody loses a pathway during that period as one becomes aligned with the other, particularly the new protections that will come in under the new Mental Health Act.

I would be confident that nobody will lose a pathway. All of the patients at the time will be patients of an approved centre. The Mental Health Commission will play a role here and the HSE will play a significant role here. Their role will be to ensure that every single person under the new Act has his or her rights vindicated. We will keep a close eye on it.

Seanad amendment agreed to.

Seanad amendment No. 441:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 1 of Act of 2006

202. Section 1 of the Act of 2006 is amended—

(a) by the deletion of the definitions of “the Act of 2001”, “approved medical officer” and “patient”,

(b) by the substitution of the following definition for the definition of “clinical director”:

‘clinical director’ has the meaning assigned to it by the Act of 2026, and, where a consultant psychiatrist is duly authorised by a clinical director to perform his or her functions under this Act, the consultant psychiatrist shall, in relation to those functions, be deemed for the purposes of this Act, to be a clinical director,”,

and

“ ‘Act of 2026’ means the Mental Health Act 2026; ‘consultant psychiatrist’ has the same meaning as it has in the Act of 2026;

‘criteria for involuntary admission’ shall be construed in accordance with the Act of 2026;

‘detained person’ means a person detained in a designated centre pursuant to this Act;”.”.

Seanad amendment agreed to.

Seanad amendment No. 442:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 3 of Act of 2006

203. Section 3 of the Act of 2006 is amended—

(a) in subsection (2), by the deletion of “established under section 32 of the Act of 2001”,

(b) in subsection (3), by the substitution of “Chapter 3 of Part 3 of the Act of 2026” for “Part 4 of the Act of 2001”, and

“(4) In this section, ‘psychiatric centre’ means a registered acute mental health centre (within the meaning of the Act of 2026) in which treatment is provided to persons for a mental disorder (within the meaning of that Act) that fulfils the criteria for involuntary admission.”.”.

Seanad amendment agreed to.

Seanad amendment No. 443:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 4 of Act of 2006

204. Section 4 of the Act of 2006 is amended—

(a) in subsection (3)—

(i) in paragraph (aa), by the substitution of “a consultant psychiatrist” for “an approved medical officer”, and

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) Subject to subsections (7) and (8), where in a case to which paragraph (a) relates, the Court determines that an accused person is unfit to be tried, the Court shall adjourn the proceedings until further order, and may—

(i) if it is satisfied, having considered the evidence of a consultant psychiatrist adduced pursuant to subsection (6)(b) and any other evidence that may be adduced before it that the accused person has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of in-patient care or treatment in a designated centre, commit him or her to a specified designated centre until an order is made under section 13 or 13A, or

(ii) if it is satisfied, having considered the evidence of a consultant psychiatrist adduced pursuant to subsection (6)(b) and any other evidence that may be adduced before it that the accused person has a mental disorder or has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of out-patient care or treatment in a designated centre, make such order as it thinks proper in relation to the accused person for out-patient treatment in a designated centre.”,

(b) in subsection (5)—

(i) in paragraph (bb), by the substitution of “a consultant psychiatrist” for “an approved medical officer”, and

(ii) by the substitution of the following paragraph for paragraph (c):

“(c) Subject to subsections (7) and (8), if the judge determines that the accused person is unfit to be tried, he or she shall adjourn the proceedings until further order, and may—

(i) if it is satisfied, having considered the evidence of a consultant psychiatrist adduced pursuant to subsection (6)(b) and any other evidence that may be adduced before it, that the accused person has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of in-patient care or treatment in a designated centre, commit him or her to a specified designated centre until an order is made under section 13 or 13A, or

(ii) if it is satisfied, having considered the evidence of a consultant psychiatrist adduced pursuant to subsection (6)(b) and any other evidence that may be adduced before it, that the accused person has a mental disorder or has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of out-patient care or treatment in a designated centre, make such order as it thinks proper in relation to the accused person for out-patient treatment in a designated centre.”,

and

(i) in paragraph (a), by the substitution of “a consultant psychiatrist” for “an approved medical officer” in both places that it occurs, and

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) Within the period authorised by the court under this subsection, the consultant psychiatrist who examined the accused person pursuant to subparagraph (ii) of paragraph (a) shall report to the court on whether or not in his or her opinion the accused person—

(i) has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of in-patient care or treatment in a designated centre, or

(ii) has a mental disorder or has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of out-patient care or treatment in a designated centre.”.”.

Seanad amendment agreed to.

Seanad amendment No. 444:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 5 of Act of 2006

205. Section 5 of the Act of 2006 is amended—

(a) in subsection (1)(a), by the substitution of “had, at the time, a mental disorder” for “was suffering at the time from a mental disorder”,

(b) in subsection (2), by the substitution of “has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission” for “is suffering from a mental disorder (within the meaning of the Act of 2001)”,

“(a) For the purposes of subsection (2), if the court considers that an accused person found not guilty by reason of insanity pursuant to subsection (1) has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and may be in need of in-patient care or treatment in a designated centre, the court may commit that person to a specified designated centre for a period of not more than 14 days and direct that during such period he or she be examined by a consultant psychiatrist at that centre.”,

(ii) in paragraph (b), by the substitution of “a consultant psychiatrist” for “an approved medical officer”, and

(iii) by the substitution of the following paragraph for paragraph (c):

“(c) Within the period of committal authorised by the court under this subsection the consultant psychiatrist concerned shall report to the court on whether in his or her opinion the accused person committed under paragraph (a) has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of in-patient care or treatment in a designated centre.”,

and

(d) in subsection (4), by the substitution of “had a mental disorder” for “was suffering from a mental disorder” in both places that it occurs.”

Seanad amendment agreed to.

Seanad amendment No. 445:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 6 of Act of 2006

206.Section 6 of the Act of 2006 is amended, in subsection (1), by the substitution of the following paragraph for paragraph (b):

“(b) had, at the time, a mental disorder, and”.”.

Seanad amendment agreed to.

Seanad amendment No. 446:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 8 of Act of 2006

207. Section 8 of the Act of 2006 is amended—

(a) in subsection (1), by the substitution of the following paragraph for paragraph (b):

“(b) that he or she did not, at the time when the act was committed, have a mental disorder of the nature referred to in section 5(1)(b);”,

(b) in subsection (3), by the substitution of “that he or she did not have a mental disorder” for “that he or she was not suffering from a mental disorder”,

(c) in subsection (5), by the substitution of “he or she had at the time that the offence alleged was committed, a mental disorder” for “he or she was at the time that the offence alleged was committed suffering from any mental disorder”,

(d) in subsection (6)(b), by the substitution of “did not, at the time when the act was committed, have a mental disorder” for “was not, at the time when the act was committed, suffering from any mental disorder”,

(e) in subsection (8), by the substitution of “he or she did not have a mental disorder” for “he or she was not suffering from any mental disorder”, and

(f) in subsection (10), by the substitution of “is satisfied that the appellant at the time that the offence alleged was committed had a mental disorder” for “is satisfied that the appellant was at the time that the offence alleged was committed suffering from a mental disorder.”.

Seanad amendment agreed to.

Seanad amendment No. 447:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 12 of Act of 2006

208.Section 12 of the Act of 2006 is amended—

(a) by the substitution of “detained person” for “patient” in each place that it occurs, and

(b) in subsection (6)(a), by the substitution of “detained persons” for “patients”.”.

Seanad amendment agreed to.

Seanad amendment No. 448:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 13 of Act of 2006

209.Section 13 of the Act of 2006 is amended by the substitution of “detained person” for “patient” in each place that it occurs.”.

Seanad amendment agreed to.

Seanad amendment No. 449:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 13A of Act of 2006

210.Section 13A of the Act of 2006 is amended by the substitution of “detained person” for “patient” in each place that it occurs.”.

Seanad amendment agreed to.

Seanad amendment No. 450:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 13B of Act of 2006

211.Section 13B of the Act of 2006 is amended, in subsection (10)—

(a) by the substitution of the following paragraph for paragraph (b):

“(b) the Board shall order that the detained person be brought before it as soon as may be for the purposes of reviewing his or her detention, and”,

and

(b) in paragraph (c), by the substitution of “detained person” for “patient”.”.

Seanad amendment agreed to.

Seanad amendment No. 451:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 13C of Act of 2006

212. Section 13C of the Act of 2006 is amended by the substitution of the following subsection for subsection (3):

“(3) In this section, ‘registered proprietor’ has the same meaning as it has in the Act of 2026.”.”.

Seanad amendment agreed to.

Seanad amendment No. 452:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 14 of Act of 2006

213.Section 14 of the Act of 2006 is amended—

(a) in subsection (1), by the substitution of “detained person” for “patient”,

(b) in subsection (2), by the substitution of “detained person” for “patient”,

(d) in subsection (4), by the substitution of “person” for “patient”,

(e) in subsection (5), by the substitution of “person” for “patient”,

(f) in subsection (6), by the substitution of “person” for “patient”,

(g) in subsection (8), by the substitution of “detained person” for “patient” in each place that it occurs.”.

Seanad amendment agreed to.

Seanad amendment No. 453:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 15 of Act of 2006

214.Section 15 of the Act of 2006 is amended—

(a) by the substitution of “has a mental disorder” for “is suffering from a mental disorder” in each place that it occurs, and

(b) in subsection (9)(a), by the substitution of “a consultant psychiatrist” for “an approved medical officer”.”.

Seanad amendment agreed to.

Seanad amendment No. 454:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 16 of Act of 2006

215. Section 16 of the Act of 2006 is amended, in subsection (2), by the substitution of “Act of 2026” for “Act of 2001”.”.

Seanad amendment agreed to.

Seanad amendment No. 455:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of section 17 of Act of 2006

216.Section 17 of the Act of 2006 is amended, in subsection (3)(a), by the substitution of “has a mental disorder” for “is suffering from or continues to suffer from a mental disorder”.”.

Seanad amendment agreed to.

Seanad amendment No. 456:

Section 200: In page 163, between lines 27 and 28, to insert the following:

“Amendment of Schedule 1 to Act of 2006

217.Schedule 1 to the Act of 2006 is amended, in paragraph 1, by the substitution of “consultant psychiatrist” for “approved medical officer”.”.

Seanad amendment agreed to.

Seanad amendment No. 457:

Section 202: In page 163, after line 34, to insert the following:

“Amendment of section 36 of Act of 2015

202.Section 36 of the Act of 2015 is amended, in subsection (4)—

(a) in paragraph (j)(ii), by the substitution of “person,” for “person, and”, and

(b) by the insertion of the following paragraph after paragraph (j):

“(ja) a registered proprietor (within the meaning of the Act of 2026) for the purposes of Chapter 3 of Part 3 of that Act, and”.”.

Seanad amendment agreed to.

Seanad amendment No. 458:

Section 202: In page 164, lines 4 and 5, to delete “Subject to subsections (1) to (5) and paragraphs (b) and (c) of this subsection” and substitute “Subject to paragraphs (b) and (c) and subsections (1) to (5)”.

Seanad amendment agreed to.

Seanad amendment No. 459:

Section 202: In page 164, lines 14 and 15, to delete “subsections (1) to (5), paragraph (c) of this subsection” and substitute “paragraph (c) and subsections (1) to (5)”.

Seanad amendment agreed to.

Seanad amendment No. 460:

Section 202: In page 164, line 17, to delete “of this subsection”.

Seanad amendment agreed to.

Seanad amendment No. 461:

Section 205: In page 165, lines 7 and 8, to delete “that person (within the meaning of section 16 of the Act of 2025).” and substitute “the person (within the meaning of the Act of 2026)”.

Seanad amendment agreed to.

Seanad amendment No. 462:

Section 205: In page 165, line 10, to delete “person.” and substitute “person”.”.

Seanad amendment agreed to.

Seanad amendment No. 463:

Section 206: In page 165, to delete lines 13 and 14.

Seanad amendment agreed to.

Seanad amendment No. 464:

Section 206: In page 165, line 15, to delete “136.” and substitute “ “136.”.

Seanad amendment agreed to.

Seanad amendment No. 465:

Section 208: In page 166, between lines 7 and 8, to insert the following:

“Amendment to Courts (Supplemental Provisions) Act 1961

208.Section 8C of the Courts (Supplemental Provisions) Act 1961 is amended, in subsection (2)—

(a) in paragraph (k), by the deletion of “or”,

(b) in paragraph (l), by the substitution of “2018, or” for “2018.”, and

“(m) Part 4 of the Mental Health Act 2026.”.”.

Seanad amendment agreed to.

Seanad amendment No. 466:

Section 209: In page 166, between lines 26 and 27, to insert the following:

“(a) in section 12(3), after “in accordance with subsection (1),” by the insertion of “or where a request is made under section 73(15) of the Mental Health Act 2026,”,”.

Seanad amendment agreed to.

Seanad amendment No. 467:

Section 215: In page 168, after line 34, to insert the following:

“(2) The amendments to the Health Act 2004 effected by subsection (1) shall not apply in relation to a protected disclosure under section 55D of that Act or a disclosure to the Inspector of Mental Health Services under section 55G of that Act regarding actions or omissions that occurred before the commencement of this section.”.

Seanad amendment agreed to.

Seanad amendment No. 468:

Section 216: In page 169, lines 4 to 6, to delete all words from and including “by” in line 4 down to and including line 6 and substitute “by the substitution of “the Mental Health Act 2026” for “the Mental Health Acts 1945 to 2001”,”.

Seanad amendment agreed to.

Seanad amendment No. 469:

Section 216: In page 169, lines 8 and 9, to delete all words from and including “by” in line 8 down to and including line 9 and substitute “by the substitution of “the Mental Health Act 2026” for “the Mental Health Acts 1945 to 2001”,”

Seanad amendment agreed to.

Seanad amendment No. 470:

Section 216: In page 169, between lines 14 and 15, to insert the following:

“(2) (a) The amendments to section 86 of the Social Welfare Consolidation Act 2005 effected by subsection (1)(a) shall not apply to medical care provided under the Mental Health Acts 1945 to 2001 before the date on which subsection (1)(a) comes into operation.

(b) The amendment to section 249(1A) of the Social Welfare Consolidation Act 2005 effected by subsection (1)(b) shall not apply to an admission order or renewal order made under the Act of 2001 that continues in force after the date on which subsection (1)(b) comes into operation.”.

Seanad amendment agreed to.

Seanad amendment No. 471:

Section 223: In page 170, after line 21, to insert the following:

“Amendment of Family Courts Act 2024

223.The Family Courts Act 2024 is amended—

(a) in section 2, in the definition of “family law proceedings”, by the insertion of the following paragraph after paragraph (z):

“(za) Part 4 of the Mental Health Act 2026;”,

(b) in section 24(2)—

(i) in paragraph (j), by the deletion of “or”,

(ii) in paragraph (k), by the substitution of “2018, or” for “2018.”, and

(iii) by the insertion of the following paragraph after paragraph (k):

“(l) Part 4 of the Mental Health Act 2026.”,

and

(i) in paragraph (d), by the deletion of “or”,

(ii) in paragraph (e), by the substitution of “2018, or” for “2018.”, and

(iii) by the insertion of the following paragraph after paragraph (e):

“(f) Part 4 of the Mental Health Act 2026.”.”.

Seanad amendment agreed to.

Seanad amendment No. 472:

Section 224: In page 187, after line 14, to insert the following:

“PART 10

TRANSITIONAL PROVISIONS

CHAPTER 1

Transitional provisions: Act of 2001

Interpretation

224.(1) In this Chapter—

“clinical director” includes, where the context so requires, a clinical director so deemed under section 237;

“registered acute mental health centre” includes, where the context so requires, a registered acute mental health centre so deemed under section 237;

“relevant order”, other than in sections 231, 232 and 233, means—

(a) an admission order made under section 14 or 24 of the Act of 2001, or

(b) a renewal order made under section 15 of the Act of 2001;

“tribunal” has the same meaning as it has in the Act of 2001.

(2) For the purposes of this Chapter and to the extent only that this Chapter applies, references to a person include references to a patient within the meaning of the Act of 2001.”.

Seanad amendment agreed to.

Seanad amendment No. 473:

Section 225: In page 187, after line 14, to insert the following:

“Transitional provisions: admission and renewal orders for adults

225.(1) Subject to sections 226(4) and 228(6), a relevant order in respect of a person that is in force immediately before the relevant date shall, subject to the modifications specified in subsection (2), continue in force on and after the relevant date, and accordingly the Act of 2001, as it stood immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), shall continue to have effect in respect of the person concerned until the earlier of—

(a) the date an involuntary admission order is made under Part 3 in respect of the person the subject of the relevant order,

(b) the date the person the subject of the relevant order is discharged following its revocation under section 18, 19 or 28 of the Act of 2001, or

(2) The modifications referred to in subsection (1) are—

(a) subsections (3), (4), (6), (7) and (8) of section 9 shall apply in respect of the making of any decision relating to a person the subject of a relevant order that continues in force under subsection (1) as if that person were an applicable person (within the meaning of that section), and

(b) Chapter 4 of Part 3 and section 185 shall, notwithstanding subsection (1), apply in respect of a person the subject of a relevant order as if that person were an involuntarily admitted person.”.

Seanad amendment agreed to.

Seanad amendment No. 474:

Section 226: In page 187, after line 14, to insert the following:

“Transitional provisions: involuntarily admitted adults

226. (1) Subject to subsections (4) and (6), where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) or following a transfer referred to in section 235, a person is being detained in a registered acute mental health centre pursuant to a relevant order, the clinical director of the registered acute mental health centre concerned shall, on or after the relevant date, arrange for the person concerned to be examined by a consultant psychiatrist under section 22(1) as if the person concerned were the subject of a recommendation for involuntary admission.

(2) Following an examination of a person referred to in subsection (1), the consultant psychiatrist—

(a) shall, if satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, make an involuntary admission order for the reception, detention and care and treatment of the person under section 22(2)(a),

(b) if not satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, shall—

(i) refuse to make an involuntary admission order, and

(ii) arrange, subject to the modifications specified in subsection (3), for the person to be discharged in accordance with section 28 of the Act of 2001.

(3) In relation to each subsection of section 28 of the Act of 2001, the modifications referred to in subsection (2)(b)(ii) are—

(a) in subsection (1), the consultant psychiatrist concerned shall, where not satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, revoke the relevant order and discharge the person,

(b) for the purpose of subsection (3)(b), the consultant psychiatrist shall notify the person concerned that he or she is entitled to have his or her detention reviewed by a tribunal in accordance with section 229, and

(c) subsection (5) shall not apply to a person concerned, and any subsequent review or otherwise of his or her detention shall be in accordance with section 229.

(4) A decision under subsection (2) to make or refuse to make an involuntary admission order shall be made as soon as may be after the relevant date, but not later than—

(a) the date of the expiration of the relevant order for the person concerned, or

(b) the date that falls 28 days after the relevant date,whichever occurs sooner.

(5) Where an involuntary admission order referred to in subsection (2)(a) is made in respect of a person referred to in subsection (1), the relevant order pursuant to which that person was previously detained shall immediately cease to have effect and be deemed to be revoked.

(6) A reference, in subsection (1), to a person detained in a registered acute mental health centre pursuant to a relevant order immediately before the relevant date—

(a) includes a person on a permitted leave of absence under section 26 of the Act of 2001,

(b) subject to section 236, includes a person absent from that centre without permission under section 27 of the Act of 2001, and

(c) does not include a person transferred to and detained in the Central Mental Hospital under section 21 of the Act of 2001.”.

Seanad amendment agreed to.

Seanad amendment No. 475:

Section 227: In page 187, after line 14, to insert the following:

“Transitional provisions: involuntary admission processes in being

227.(1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), a person is the subject of an application under section 9(1) or 12(2) of the Act of 2001 but the medical practitioner to whom the application is addressed has not decided whether to make a recommendation in respect of the person concerned under section 10 of that Act by immediately before the relevant date, the registered medical practitioner concerned shall, on or after the relevant date, treat the application as if it were a direct application for a recommendation for involuntary admission under section 15 and any subsequent involuntary admission (or otherwise) of the person concerned shall be determined in accordance with Part 3.

(2) Where, before the relevant date, a person is the subject of a recommendation under section 10 of the Act of 2001 but an involuntary admission order has not yet been made or refused in respect of the person concerned under section 14(1)(a) or (b) of that Act by immediately before the relevant date, the clinical director to whom the recommendation is addressed shall, on or after the relevant date, treat the recommendation as if it were a recommendation for involuntary admission under section 16 and any subsequent involuntary admission (or otherwise) of the person concerned shall be determined in accordance with Part 3.

(3) Where, before the relevant date, a person has been detained under section 23 of the Act of 2001 but a determination has not been made by immediately before the relevant date on whether the person concerned is to be—

(a) the subject of an admission order under section 24(3) of that Act, or

(b) discharged under subsection (1) or (2)(b) of section 24 of that Act,

the detention of that person shall, on or after the relevant date, be determined in accordance with section 38 subject to the modification that the steps in section 38 are required to be completed within 24 hours of the time the person is detained under section 23 of the Act of 2001, and any necessary additional modifications.”.

Seanad amendment agreed to.

Seanad amendment No. 476:

Section 228: In page 187, after line 14, to insert the following:

“Transitional provisions: admission to Central Mental Hospital

228.(1) Where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) or following a transfer referred to in subsection (8) or (9), a person is detained in the Central Mental Hospital under section 21 of the Act of 2001 pursuant to a relevant order, the clinical director of the Central Mental Hospital shall arrange for the person concerned to be examined by his or her responsible consultant under section 22(1) on or after the relevant date, as the case may be, as if the person concerned were the subject of a recommendation for involuntary admission.

(2) Following an examination of a person referred to in subsection (1), the responsible consultant psychiatrist—

(b) shall, if not satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission—

(i) refuse to make such an involuntary admission order, and

(ii) arrange, subject to the modifications specified in subsection (3), for the person to be discharged in accordance with section 28 of the Act of 2001.

(3) In relation to each subsection of section 28 of the Act of 2001, the modifications referred to in subsection (2)(b)(ii) are—

(c) subsection (5) of that section shall not apply to the person concerned, and any subsequent review or otherwise of his or her detention shall be in accordance with section 229.

(4) Where an involuntary admission order referred to in subsection (2)(a) is made in respect of a person referred to in subsection (1), the clinical director of the Central Mental Hospital shall, at the same time, consider whether—

(a) it would be for the benefit of the person to remain in the Central Mental Hospital, or

(b) it is necessary, for the purpose of obtaining special treatment, the details of which shall be specified in writing, for the person to remain in the Central Mental Hospital.

(5) Where the clinical director of the Central Mental Hospital is of the opinion that paragraph (a) or (b) of subsection (4) applies, the involuntary admission order made under section 22(2)(a) in respect of a person referred to in subsection (1)—

(a) shall be for the reception, detention and care and treatment of the person in the registered acute mental health centre from which the person was transferred under section 21 of the Act of 2001, and

(b) shall be deemed to authorise the reception, detention and care and treatment of the person in the Central Mental Hospital.

(6) A decision under subsection (2) shall be made and, as applicable, any considerations under subsection (4) shall be concluded as soon as may be after the relevant date, but not later than the date the relevant order for the person concerned expires or the date that falls 28 days after the relevant date, whichever occurs sooner.

(7) Where an involuntary admission order is made in respect of a person referred to in subsection (1), the relevant order pursuant to which that person was previously detained shall immediately cease to have effect and be deemed to be revoked.

(8) The clinical director of the Central Mental Hospital shall notify the clinical director of the registered acute mental health centre from which a person was transferred under section 21 of the Act of 2001 of—

(a) the results of an examination referred to in subsection (1),

(b) the decision referred to in subsection (2) to make an involuntary admission order or to discharge the person concerned, and

(9) Where, before the relevant date, a clinical director of a registered acute mental health centre has proposed to transfer a person to the Central Mental Hospital under paragraph (a) of section 21(2) of the Act of 2001 but the Commission has not referred the proposal to a tribunal under subsection (2)(b) of that section by immediately before the relevant date, the Commission shall, on and after the relevant date, treat the proposal as if it were made under section 36(1) for the purpose of subsection (4) of that section, and any subsequent transfer (or otherwise) of the person concerned shall be determined in accordance with Part 3.

(10) Where, before the relevant date, the Commission has referred a proposal to transfer a person to the Central Mental Hospital to a tribunal under paragraph (a) of section 21(2) of the Act of 2001 but a tribunal has not by immediately before the relevant date reviewed the proposed transfer and determined whether to—

(a) authorise the proposed transfer under section 21(2)(b)(i) of the Act of 2001, or

(b) refuse to authorise the proposed transfer section 21(2)(b)(ii) of that Act,

the referral to the tribunal shall lapse and the Commission shall, on and after the relevant date, treat the proposal to transfer the person concerned under paragraph (a) of section 21(2) of the Act of 2001 as if it were made under section 36(1) for the purpose of subsection (4) of that section, and any subsequent transfer (or otherwise) of the person concerned shall be determined in accordance with Part 3.

(11) Subsections (13), (14) and (15) of section 36 shall apply to an admission to the Central Mental Hospital under this section with the modification that a reference to a registered acute mental health centre from which a person has been or was transferred shall be construed as a reference to the registered acute mental health centre from which the person admitted under this section was previously transferred under section 21 of the Act of 2001 and any other necessary modifications.”.

Seanad amendment agreed to.

Seanad amendment No. 477:

Section 229: In page 187, after line 14, to insert the following:

“Transitional provisions: referral to and review by tribunal

229. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), a relevant order has been made but the Commission has not received the relevant order under section 17 of the Act of 2001 by

immediately before the relevant date, the Commission shall, on or after the relevant date, carry out the matters specified in subsection (1) of that section upon receipt of the relevant order.

(2) Where, before the relevant date, the Commission has received—

(a) a copy of a relevant order under section 17 of the Act of 2001,

(b) an application referred to in section 15(3)(b) of the Act of 2001, or

but has not carried out the matters specified in section 17(1) of the Act of 2001 by immediately before the relevant date, the Commission shall, on or after the relevant date, carry out the matters specified in that subsection.

(3) Where, immediately before the relevant date—

(a) a person has been discharged under section 28 of the Act of 2001,

(b) he or she has not made a request to the Commission for a review of his or her detention in accordance with section 28(5) of the Act of 2001, and

(c) the period allowed under section 28(5) of the Act of 2001 for making a request referred to in paragraph (b) has not yet expired, the person may, on or after the relevant date but before the expiration of the period referred to in paragraph (c), make a request to the Commission in accordance with section 28(5) of the Act of 2001 for a review of his or her detention and, where he or she does so, the Commission shall, on or after the relevant date, carry out the matters specified in section 17(1) of that Act.

(4) Where the Commission carries out the matters specified in section 17(1) of the Act of 2001 pursuant to subsection (1), (2) or (3), a tribunal shall proceed in accordance with sections 17 and 18 of the Act of 2001 and, where the relevant order is affirmed, that decision may be appealed to the Circuit Court in accordance with section 19 of that Act.

(5) Where, before the relevant date, the Commission has referred—

(a) the making of a relevant order,

(b) an application referred to in section 15(3)(b) of the Act of 2001, or

(c) a notice referred to in section 28(5) of the Act of 2001, to a tribunal under section 17(1) of the Act of 2001 but such tribunal has not by immediately before the relevant date reviewed the detention of the person concerned under section 18 of that Act, the tribunal shall, on or after the relevant date, carry out the review of the relevant order concerned in accordance with section 18 of that Act and, where the relevant order is affirmed, that decision may be appealed to the Circuit Court in accordance with section 19 of that Act.

(6) Where, before the relevant date, an appeal has been made under section 19 of the Act

of 2001 against a decision to affirm a relevant order under section 18 of that Act but

the Circuit Court has not, by immediately before the relevant date, determined the

appeal, the appeal shall, on or after the relevant date, be determined in accordance

with that Act.

(7) Where, immediately before the relevant date—

(a) a decision to affirm a relevant order under section 18 of the Act of 2001 has been made,

(b) the person the subject of the relevant order has not appealed the decision under section 19 of that Act, and

(c) the period of time allowed under section 19(2) of the Act of 2001 for bringing an appeal referred to in paragraph (b) has not expired, the person the subject of the relevant order concerned may, on or after the relevant date but before the expiration of the period of time referred to in paragraph (c), appeal the decision to the Circuit Court under section 19 of that Act and, where he or she does so, the appeal shall be determined by the Circuit Court in accordance with that Act.

(8) Where a relevant order is deemed to be revoked under section 226(5) or 228(7) or revoked by a consultant psychiatrist due to a discharge under section 226(3)(a) or 228(3)(a) before a tribunal referred to in subsections (4) or (5) completes its review

in respect of the relevant order under section 18 of the Act of 2001, the review by the tribunal shall not be completed unless the person or his or her legal representative notifies the Commission, as soon as practicable but not later than the time and date scheduled for the review, that the person concerned wishes the review to be completed in accordance with the Act of 2001.

(9) Where a person requests that a review referred to in subsection (8) be completed, the tribunal shall, notwithstanding that the person concerned is no longer being detained pursuant to the relevant order the subject of the review, on or after the relevant date, determine the review in accordance with the Act of 2001 with any necessary modifications.

(10) A person who is a member of a panel of consultant psychiatrists referred to in section 33(3)(b) of the Act of 2001 immediately before the relevant date shall, on and after the relevant date, continue as a member of that panel and be subject to the Act of 2001 as it stood immediately before the relevant date until the date of the determination of the final matter referred to a tribunal, including an appeal involving a decision of the tribunal concerned under section 19 of the Act of 2001, under subsection (4), (5), (6), (7) or (9).

(11) The functions standing vested in a member of a panel of consultant psychiatrists referred to in section 33(3)(b) of the Act of 2001 immediately before the relevant date shall, in relation to a matter referred to in subsection (10), continue to be performable on and after the relevant date by such a person.”.

Seanad amendment agreed to.

Seanad amendment No. 478:

Section 230: In page 187, after line 14, to insert the following:

“Transitional provision: membership of tribunals

230.(1) Subject to subsection (4)—

(a) a person who is, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), a member of a tribunal referred to in section 48(3)(a) of the Act of 2001 shall, on the panel establishment date, stand appointed as a member of the consultant psychiatrist review panel,

(b) a person who is, immediately before the relevant date, a member of a tribunal referred to in section 48(3)(b) of the Act of 2001 shall, on the panel establishment date, stand appointed as a member of the legal practitioners review panel, and

(c) a person who is, immediately before the relevant date, a member of a tribunal referred to in section 48(3)(c) of the Act of 2001 shall, on the panel establishment date, stand appointed as a member of the community review panel.

(2) A person appointed under subsection (1) shall be so appointed for a period equal to the unexpired period for which he or she was appointed as a member of the tribunal, on the same conditions (including those relating to termination of appointment) as the Commission determined when appointing him or her under section 48(6) of the Act of 2001.

(3) The period served by a person referred to in subsection (1) as a member of a tribunal immediately before the relevant date and the period for which he or she is appointed under subsection (2) shall be regarded as one period of office for the purposes of section 27(7).

(4) A person who is a member of a tribunal immediately before the relevant date shall, on and after the relevant date, continue as a member of that tribunal and be subject to the Act of 2001 as it stood immediately before the relevant date until the date on which any of the following occurs:

(a) the determination of the final matter referred to that tribunal under—

(i) section 17 or 21 of the Act of 2001, including an appeal involving a decision of the tribunal concerned under section 19 of the Act of 2001, or

(ii) section 229*, including an appeal involving a decision of the tribunal concerned under section 19 of the Act of 2001;

(b) he or she ceases to hold office under section 48(7), (9) or (10) of the Act of 2001;

whichever is soonest.

(5) The functions standing vested in a member of a tribunal immediately before the relevant date shall, in relation to a matter referred to in subsection (4)(a), continue to be performable on and after the relevant date by such a person.

(6) In this section—

“community review panel” has the meaning given to it in section 27(2)(c);

“consultant psychiatrist review panel” has the meaning given to it in section 27(2)(a);

“legal practitioners review panel” has the meaning given to it in section 27(2)(b);

“panel establishment date” means the date that the Commission establishes the community review panel, the consultant psychiatrist review panel and the legal practitioners review panel under section 27(1).”.

Seanad amendment agreed to.

Seanad amendment No. 479:

Section 231: In page 187, after line 14, to insert the following:

“Transitional provisions: admission and renewal orders for children

231. (1) Subject to section 232*, a relevant order in respect of a child that is in force immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) shall, subject to the modifications in subsection (2), continue in force on and after the relevant date and accordingly the Act of 2001 as it stood immediately before the relevant date shall continue to have effect in respect of the child until the earlier of—

(a) the date the child the subject of the relevant order is admitted under section 62, 63, 64 or 66 following the commencement of the process specified in section 232(1)*, or

(b) the date the relevant order is revoked and the child is discharged by the Family District Court or the District Court, as the case may be, under section 22 of the Act of 1991 (as applied by section 25 of the Act of 2001) following an application under section 232(2)(b)*.

(2) The modifications referred to in subsection (1) are that the following provisions shall apply in respect of a relevant order that continues in force under subsection (1) as if the child the subject of the relevant order concerned were an involuntarily admitted child (and any other necessary modifications):

(a) paragraphs (a), (b), (d), (e), (f) and (g) of subsection (1) and subsections (2) and (3) of section 10;

(b) Chapter 4 of Part 4;

(3) In this section and sections 232* and 233**, “relevant order” means—

(a) an order authorising the detention of the child in an approved centre made under section 25(6) of the Act of 2001, or

(b) an extension of an order referred to in paragraph (a) made under subsections (9) or (10) of section 25 of the Act of 2001.”.

Seanad amendment agreed to.

Seanad amendment No. 480:

Section 232: In page 187, after line 14, to insert the following:

Transitional provisions: involuntarily admitted children

232.(1) Subject to subsection (3) and (6), where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) or following a transfer referred to in section 235*, a child is being detained in a registered acute mental health centre pursuant to a relevant order, the clinical director of the registered acute mental health centre concerned shall, on or after the relevant date—

(a) arrange for the child concerned to be examined by a consultant psychiatrist under section 66(1), and

(b) furnish the results of that examination to the Executive.

(2) The Executive, having considered the results of an examination under section 66(1) referred to in subsection (1)—

(a) shall arrange for the child to be admitted, with the agreement of the responsible consultant psychiatrist and the consent of the child or, as the case may be, his or her parents or guardian or the Agency—

(i) as a voluntarily admitted child under section 62 or 63, or

(ii) as a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64,

(b) shall make an application to the Family District Court or the District Court, as the case may be—

(i) for an order authorising the reception, detention and care and treatment of the child in a registered acute mental health centre under section 66, or

(ii) for the child to be discharged in accordance with section 22 of the Act of 1991 (as applied by section 25 of the Act of 2001).

(3) An admission referred to in subsection (2)(a) or an application referred to in subsection (2)(b) in respect of a child the subject of a relevant order shall be made as soon as may be after the relevant date, but not later than the date the relevant order for the child concerned expires or the date that falls 28 days after the relevant date, whichever occurs sooner.

(4) Where a child referred to in subsection (1) is admitted to a registered acute mental health centre under section 62, 63, 64 or 66 or discharged in accordance with section 22 of the Act of 1991 (as applied by section 25 of the Act of 2001), the relevant order pursuant to which the child was previously detained shall immediately cease to have effect.

(5) Where a child referred to in subsection (1) is admitted to a registered acute mental health centre under section 62, 63 or 64, the Executive shall notify the Family District Court or District Court, as the case may be, as soon as may be that the child is no longer being detained pursuant to a relevant order.

(6) In this section, references to a child being detained in a registered acute mental health centre pursuant to a relevant order includes—

(a) a child on a permitted leave of absence under section 26 of the Act of 2001,

(b) subject to section 236**, a child absent from that centre without permission under section 27 of the Act of 2001, and

Seanad amendment agreed to.

Seanad amendment No. 481:

Section 233: In page 187, after line 14, to insert the following:

“Transitional provisions: involuntary admission of children processes in being

233.(1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), an application in respect of a child has been made under section 25(1) of the Act of 2001 but the District Court has not determined whether to make or refuse to make an admission order under that section by immediately before the relevant date, the Family District Court or District Court, as the case may be, shall, on or after the relevant date, determine whether or not the child should be admitted to a registered acute mental health centre in accordance with Part 4 subject to any necessary modifications.

(2) Where, before the relevant date, an appeal has been brought to the Circuit Court under section 28 of the Act of 1991 (as applied by section 25 of the Act of 2001) in respect of a relevant order but the Circuit Court has not determined the appeal by immediately before the relevant date, the appeal shall be determined, on or after the relevant date, in accordance with those Acts and where a relevant order is affirmed, those Acts, subject to sections 231 and 232, shall apply accordingly.”.

Seanad amendment agreed to.

Seanad amendment No. 482:

Section 234: In page 187, after line 14, to insert the following:

“Transitional provisions: voluntarily admitted children

234. (1) Where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), a child is being treated in a registered acute mental health centre as a voluntary patient (within the meaning of the Act of 2001), his or her responsible consultant psychiatrist shall, as soon as may be but not later than 28 days after the relevant date, carry out an examination of the child.

(2) After carrying out an examination under subsection (1), the responsible consultant psychiatrist shall—

(a) arrange for the child—

(i) to be admitted, with the agreement of the responsible consultant psychiatrist,

and with the consent of the child or, as the case may be, his or her parents or

guardian or the Agency—

(I) as a voluntarily admitted child under section 62 or 63, or

(II) as a child aged 16 years or older lacking necessary capacity admitted

with parental consent under section 64,

(ii) to be discharged from the registered acute mental health centre,

(b) where the results of the examination recommend the making of an application for involuntary admission, furnish the results of the examination to the Executive as soon as may be for the purpose of making an application for an involuntary admission order under section 66.

(3) Where the results of the examination under subsection (1) recommend the making of an application for involuntary admission, that examination shall be deemed to be an examination for the purpose of section 66(1) if—

(a) the examination was carried out within a period of not more than 72 hours before the making of the application under section 66(2), and

(b) a report of the results of the examination is furnished to the District Court or the Family District Court, as the case may be, by the Executive upon the making of the application.

(4) Where, before the relevant date, a child has been detained under section 23(2) of the Act of 2001 but an application under section 25(1) of that Act has not been made by immediately before the relevant date, any admission of the child shall be determined on or after the relevant date in accordance with section 71 as if the child were detained under that section subject to the modification that the period of 24 hours referred to in section 71(1) shall be deemed to have begun at the time the person was detained under section 23 of the Act of 2001.”.

Seanad amendment agreed to.

Seanad amendment No. 483:

Section 235: In page 187, after line 14, to insert the following:

“Transitional provisions: transfers of persons

235. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), a clinical director of a registered acute mental health centre has received an application under section 20 of the Act of 2001 for a transfer of a person to another registered acute mental health centre (in this section referred to as the “second-mentioned registered acute mental health centre”) but has not considered the application by immediately before the relevant date, the clinical director may, on or after the relevant date, consider and determine the application and, if he or she so thinks fit—

(a) refuse the application, or

(b) arrange for the transfer of the person to the second-mentioned registered acute mental health centre in accordance with that section and for the person to be detained accordingly in the second-mentioned registered acute mental health centre with the consent of the clinical director of that centre.

(2) Where, before the relevant date, a clinical director of a registered acute mental health centre has arranged for the transfer of a person to another registered acute mental health centre (other than the Central Mental Hospital) under section 21(1) of the Act of 2001 but the transfer has not taken place by immediately before the relevant date, the clinical director may—

(a) refuse the transfer, or

(b) arrange for the transfer to take place on or after the relevant date in accordance with that section and for the person to be detained accordingly in the other registered acute mental health centre concerned.”.

Seanad amendment agreed to.

Seanad amendment No. 484:

Section 236: In page 187, after line 14, to insert the following:

“Transitional provisions: absence with and without leave

236.(1) Where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), permission for a period of absence granted to a person under section 26(1) of the Act of 2001 is in force, the grant of such permission shall, on and after the relevant date, continue in force and accordingly that Act as it stood immediately before the relevant date shall continue to have effect in respect of the person until the date of the period specified in the permission expires, unless that permission is sooner withdrawn under subsection (2).

(2) Where, immediately before the relevant date, a person is absent from a registered acute mental health centre pursuant to a permission granted under section 26(1) of the Act of 2001, the responsible consultant psychiatrist for the person concerned shall, on or after the relevant date, withdraw the permission and direct the person to return to the registered acute mental health centre for the purpose of an examination referred to in section 226(1* or 232(1), as the case may be.

(3) Where, immediately before the relevant date, following a withdrawal of permission under subsection (2), or on or after the relevant date, a person in respect of whom a relevant order or a relevant order within the meaning of section 231*** is in force—

(a) is absent from a registered acute mental health centre without permission granted under section 26(1) of the Act of 2001, or

(b) fails to return to the registered acute mental health centre in accordance with any direction given under section 26 of the Act of 2001 or subsection (2), the clinical director of the registered acute mental health centre concerned may arrange for the person to be brought back to the centre in accordance with section 27 of the Act of 2001.”.

Seanad amendment agreed to.

Seanad amendment No. 485:

Section 237: In page 187, after line 14, to insert the following:

“CHAPTER 2

Registration of services

Transitional provision: registration of services, general

237.(1) Where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) or following a determination under section 238(1)(a)*, an approved centre within the meaning of the Act of 2001 (in this section referred to as an “approved centre”) is registered by the Commission under section 64 of the Act of 2001, the approved centre shall be deemed, on the relevant date or on the date of such a determination under section 238(1)(a)*, to be registered as a registered acute mental health centre and shall be entered by the Commission, on or after the relevant date, in the Register of acute mental health centres under section 139.

(2) The duration of a registration of an approved centre deemed to be a registered acute mental health centre in accordance with subsection (1) shall begin on either of the dates referred to in subsection (1) as applies in relation to the centre and end on the date the period of the registration of that approved centre under section 64 of the Act of 2001 expires.

(3) Where, immediately before the relevant date, a certificate of registration in respect of an approved centre under section 64 of the Act of 2001 is in force, that certificate of registration shall, on the relevant date, be deemed to be a certificate of registration under section 146 for the duration of the unexpired period of the registration referred to in subsection (2).

(4) The Commission shall, on or after the relevant date, include a registered proprietor of an approved centre that is deemed to be a registered acute mental health centre in accordance with subsection (1) as the registered proprietor of the registered acute mental health centre concerned in the Register of acute mental health centres.

(5) The clinical director of an approved centre that is deemed to be a registered acute mental health centre in accordance with subsection (1) shall be deemed, on the relevant date, to be the clinical director of the registered acute mental health centre.

(6) The registered proprietor of an approved centre that is deemed to be a registered acute mental health centre in accordance with subsection (1) shall, as soon as may be and not later than 3 months after the relevant date, nominate a person to be the registered person in accordance with section 163(2), subject to the modification that the nominated person shall not be replacing a person named under section 163(1).

(7) A registered proprietor of a registered acute mental health centre that is deemed to be a registered acute mental health centre in accordance with subsection (1) shall comply with this Act and any regulations made thereunder from the relevant date.”.

Seanad amendment agreed to.

Seanad amendment No. 486:

Section 238: In page 187, after line 14, to insert the following:

“Transitional provision: registration of services

238.(1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), an application has been made for registration of an approved centre within the meaning of the Act of 2001 (in this section referred to as an “approved centre”) under section 64 of the Act of 2001 but has not been determined by immediately before the relevant date, the application shall, on or after the relevant date, be determined in accordance with that Act and—

(a) where a certificate of registration is issued pursuant to that application under section 64 of that Act, section 237 shall apply accordingly, and

(b) where a decision is made under section 64 of that Act to refuse to register the approved centre concerned, to remove the centre from the register or to attach a condition, or to amend or revoke a condition attached to the registration of the centre, that decision may be appealed to the District Court in accordance with section 65 of that Act subject to any necessary modifications.

(2) Where, before the relevant date, an appeal has been made under section 65 of the Act of 2001 against a decision under section 64 of that Act—

(a) to refuse to register an approved centre,

(b) to remove the centre from the register or to attach a condition, or

(c) to amend or revoke a condition attached to the registration of the centre, but the District Court has not determined the appeal by immediately before the relevant date, the appeal shall, on and after the relevant date, be determined in accordance with that Act with any necessary modifications.

(3) Where, immediately before the relevant date, an appeal under section 65 of the Act of 2001 has not been made but, on that date, the period allowed for bringing an appeal under that section has not yet expired, a registered proprietor or, as the case may be, a person intending to be a registered proprietor of an approved centre may, on or after that date, and within the period allowed for bringing the appeal, bring an appeal to the Family District Court under section 65 of the Act of 2001 and where he or she does so, the appeal shall be determined in accordance with that Act subject to any necessary modifications.”.

Seanad amendment agreed to.

Seanad amendment No. 487:

Section 239: In page 187, after line 14, to insert the following:

“Transitional provision: register of approved centres

239.(1) Subject to subsection (2), the Commission may retain the information contained in the register of approved centres maintained under section 64 of the Act of 2001 for the purposes of performing its functions under Part 6 in respect of an acute mental health centre deemed to be a registered acute mental health centre in accordance with section 237*.

(2) The Commission may retain the information referred to in subsection (1) for a period of 4 years commencing on the date on which this section comes into operation.”.

Seanad amendment agreed to.

Seanad amendment No. 488:

Section 240: In page 187, after line 14, to insert the following:

“Transitional provision: Inspector of Mental Health Services

240.Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), the Inspector (within the meaning of section 50 of the Act of 2001) or an Assistant Inspector (within the meaning of section 54 of the Act of 2001) has commenced a matter under the Act of 2001 but has not completed it by immediately before the relevant date, that matter may be carried on and completed on or after the relevant date by the Inspector or the Assistant Inspector in accordance with that Act.”.

Seanad amendment agreed to.

Seanad amendment No. 489:

Section 241: In page 187, after line 14, to insert the following:

“Chapter 3

Miscellaneous

Transitional provision: Service arrangements

241.An arrangement entered into under section 71A of the Act of 2001 that was for the time being in force immediately before the commencement of section 20 shall remain in force and have effect on or after the date of the commencement of section 20 as if that section had not been enacted.”.

Seanad amendment agreed to.

Seanad amendment No. 490:

Section 242: In page 187, after line 14, to insert the following:

“Transitional provision: Superannuation schemes

242.A superannuation scheme made under section 40 of the Act of 2001 that was in force immediately before the commencement of section 120 or 121, as the case may be, shall—

(a) remain in force and have effect on or after the commencement of section 120 or 121, as the case may be, as if the scheme concerned had been made under section 120 or 121, as the case may be, and

(b) be construed as if references to a member of the staff of the Commission included references to a member of the staff of the Commission as established under the Act of 2001.”.

Seanad amendment agreed to.

Seanad amendment No. 491:

TITLE: In page 13, line 20, to delete “District Court” and substitute “Family District Court or the District Court, as the case may be”.

Seanad amendment agreed to.

Seanad amendment No. 492:

TITLE: In page 13, line 25, after “practices” to insert “and the prohibition on administration of electro-convulsive therapy”

Seanad amendment agreed to.

I thank Deputies for the debate today on this landmark legislation to update and modernise our mental health laws. The enactment of this Bill has been a long-standing priority for me and for the Government, and I am very proud to see it being passed here today. The Bill will now go to Uachtarán na hÉireann for her consideration. This is once-in-a-generation legislation. The previous Mental Health Act was enacted in 2001 by our current Taoiseach. The previous legislation was enacted in 1945. The Bill that we are passing here today will stand the test of time. I hope it will be in place for many years - if not decades - to come. Táim bródúil as a bheith i mo Aire Stáit chun an dlí seo a rith, a tháinig uair amháin i nglúin, chun feabhas a chur ar ár seirbhísí sláinte meabhrach. Agus é sin á dhéanamh againn, cuirfimid daoine i gcroílár a gcúraim féin agus léireoimid meas ar a gcearta agus a roghanna. We are concluding the legislative process relating to this Bill after 45 hours of debate across both Houses. I published this Bill in July 2024 and brought it to Second Stage that September. I was pleased to see the level of interest in the Bill in both Houses. We had many hours of productive debate on the provisions of the Bill. I thank every Deputy and Senator who took the time to speak on the Bill and to propose amendments. The purpose of this Bill is to introduce a more person-centred, human rights-based approach to mental health services in statute. It will empower people accessing mental health services to make decisions about their own care and treatment – respecting their voice and choice. This Bill will regulate all community mental health services for the first time, including all community CAMHS and all community residences. This Bill will allow 16- and 17-year-olds to consent to their mental health treatment on the same basis as consent to physical health treatment. This Bill introduces a suite of new safeguards around the involuntary admission and detention process, including the use of restrictive practice and the administration of treatment to people lacking capacity. The final version of the Bill before us today is over 200 pages long. It contains 268 sections. Each line of the Bill has been considered by officials in my Department and been the subject of thorough debate with the drafters in the Office of the Parliamentary Counsel. A Bill of this size and complexity takes time. I am delighted that I have been able to oversee this Bill from the publication of the draft heads right through to enactment. The Bill will now go to the President for her consideration. I look forward to getting into the details of commencement and implementation as soon as possible. I thank Deputies Paul McAuliffe, Sorca Clarke, Marie Sherlock, Liam Quaide and Michael Collins for supporting the final version of this Bill. It is very telling that the former Opposition spokesperson on mental health, who was very supportive of the Bill, Deputy Mark Ward, is here. I acknowledge all his work over the period; it has taken quite a few years to reach this point.

Mark Ward

It has.

We all share the same goal, namely to ensure this legislation will facilitate the putting in place of a more robust framework in which our mental health services will be delivered and regulated into the future. I thank my colleagues in government for their continued support. I particularly thank the Taoiseach for reappointing me to this role in order that I could complete the work on the Bill right to the end. I thank the Minister, Deputy Carroll MacNeill, for all her support and former Minister Stephen Donnelly, who was a huge champion for this legislation. I also thank my colleagues the Ministers of State, Deputies Murnane O'Connor and O'Donnell. I offer my appreciation to Ministers, Deputies Foley and Deputy O'Callaghan, and their officials for the extensive contributions by their Departments on different aspects of the Bill. Considering the significant legal and ethical considerations involved in the Bill, it was important to ensure that there was ongoing consultation with key stakeholders throughout the drafting process. In particular, there was extensive consultation with the Mental Health Commission, as the regulator of mental health services, and the HSE, as the main provider of mental health services in the State. I thank the Mental Health Commission for all its support. The Department consulted widely with other stakeholders and professional representative groups such as the Irish College of Psychiatrists, the Psychological Society of Ireland, the Ombudsman for Children, the Irish Council of Civil Liberties, Mental Health Reform and its various member organisations, other Departments and State agencies such as An Garda Síochána. I wish to take this opportunity to express my heartfelt gratitude to all the people with lived experience of mental health services - those living the experience and their loved ones - for taking the time to engage with the Department at different points when the Bill was being drafted. I received a lot of correspondence from many different perspectives, and every view was considered and debated at length. The wide-ranging and extensive consultation with stakeholders from all sectors and the comprehensive review of the existing Act have delivered a new legal framework that will absolutely deliver on its aims. I thank the officials in the mental health unit for their tremendous work in developing and progressing the Bill over the past number of years. I thank James Kelly, Lorraine Doyle, Siobhán Hargis, Philip Dodd, deputy chief medical officer, my advisers, Ian Power and Páraic Gallagher, and my private secretary, Amy Brennan, for all their hard work, advice and support throughout this process. I am extremely grateful to colleagues in the Office of the Parliamentary Counsel, the Office of the Attorney General and the Bills Office. I thank them for all their work. Getting here today would not have been possible without their valuable expertise, support and input. I also thank the Ceann Comhairle and Leas-Cheann Comhairle for powering through the amendments today. This Bill will make a profound difference to the lives of tens of thousands of people each year, whether through in-patient care, community residences or community services. It has been a significant journey. I am proud to have brought the Mental Health Act 2026, as it will be known, through all Stages to its conclusion.

I acknowledge the very hard work that has gone into producing what is a Bill of phenomenal size over the past number of years. I also acknowledge the engagement of all the stakeholders with my office and, previously, with Deputy Ward's office. That has not gone unnoticed and is very welcome. I wish to raise one final issue with the Minister of State. I raise it from a political perspective and almost as a personal plea at this point. I ask the Minister of State to look at the possibility of having an interim review after 2.5 years. We debated the latter on Committee Stage. Five years is too long to wait for a review. Yes, this Bill is coming 20-odd years after the previous legislation. I do not think there is one person sitting in this room who was born when the Act previous to that was introduced. I am compelled to say that if gaps arise in this Bill, they are going to arise immediately. Five years is a little too long to wait for the review. There is merit for an interim review, whether it is in the context of delays, staffing pressures, access to the advocacy or the pathways after somebody leaves their time as a in-patient. This Bill will change a lot in the area of mental health. I ask the Minister of State to please consider having an interim review, particularly in light of the complexity and scale of the legislation. I would not like to think that one person would feel they were somehow failed along the path as a result of the need to wait five years for the review.

Marie Sherlock

I commend the Minister of State on all the work she has done and effort she has put into this. I know it has been a very extensive process over a significant period. She set out the timeline for the two most recent mental health Acts we have had in this country. Obviously, the words in this Bill are only as good as the level of willingness among the members of the medical profession - I know there is huge willingness to embrace what is being set down here - and as good as the oversight regime relating to the Mental Health Commission. I join Deputy Clarke in calling for the review to happen in a shorter timeframe, because we all want this to work. Ultimately, the point is that any Act is only as good as how well it is resourced and the willingness to implement its provisions. I commend the Minister of State on all the work she has done. Some of the changes encompassed by the provisions in the Bill will be ground-breaking. Our collective hope is that we will have a much healthier and transparent mental health system for those who suffer mental ill-health. I will conclude on the point that the legislation will on succeed if the resources are provided and there is proper oversight. When issues are flagged by the Mental Health Commission - we know that there have been delays in terms of responses in the past on foot of resourcing or other issues - we must ensure that they are responded to accordingly. I commend the Minister of State on all her work.

Jennifer Murnane O'Connor

I commend the Minister of State on the epic undertaking that has been the very complex journey of this Bill and the vast amount of work she has put into it. It is fair to say that it is not a perfect Bill but it is a substantial improvement on the existing legislation. In the round, the Social Democrats are happy to support it. A number of important improvements were made to the Bill when it was before the Seanad process. Those are very welcome. In particular, I refer to the prohibition on the use of electroconvulsive therapy on minors. That is both significant and welcome, as are the stronger provisions around capacity assessments and the removal of a provision that would have allowed a consultant psychiatrist override the treatment refusal of a person with capacity for up to 72 hours pending a High Court decision. As we know, the extension of mental health commission regulation into CAMHS and community adult mental health services was already part of the Bill prior to the Seanad process, as was the clear recognition to the rights of 16- and 17-year-olds to consent to mental health treatment. Both of those measures are very progressive. The fact that a dedicated section on pharmacological restraint has been introduced is also positive. There was a serious gap in oversight there that needed to be addressed. I think that can be improved on further with the tighter definition that Mental Health Reform has proposed. There are issues that are a cause for disappointment, particularly around independent advocacy and independent complaints mechanisms. We really need to address those issues. I echo the call by my colleagues for a nearer term review of the legislation. The idea of a child in serious distress who needs urgent clinical assessment and therapeutic supports and that potentially happening in a Garda station is a cause for concern. In relation to independent complaints and advocacy, as I said, what has transpired in Bloomfield Hospital and in Kerry CAMHS, particularly what transpired in Bloomfield Hospital despite the consecutive very high compliance ratings that the Mental Health Commission applied to that facility, has made the case for those safeguards very compelling. This is something we need to come back to. Overall, however, I welcome this Bill, and I commend the Minister of State on it.

I compliment my colleague and everybody involved because I know a lot of work has gone into this Bill. I know the commitment and dedication that there has been. I spoke to the Minister of State, Deputy Butler, several times about dual diagnosis, which I feel is really important and this is going to be addressed in this Bill. To everybody involved, as other TDs have said, this is groundbreaking legislation. Having known the Minister of State for so long, I know her commitment and dedication to getting this Bill through. This involves everybody who needs the services. This is about them today. This is about the people who need the services that are there for them, and this is what we are focused on today. Well done to all involved.

I thank the Ministers of State and their officials. The passionate commitment to this area is clear and it is great to see it. You stuck through it to the end and had it passed. Well done to you all.