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Minister proposes changes to Ireland's new mental health law to deal with involuntary patients
Minister proposes changes to Ireland's new mental health law to deal with involuntary patients

The Journal

time5 days ago

  • Health
  • The Journal

Minister proposes changes to Ireland's new mental health law to deal with involuntary patients

THE MUCH DELAYED Mental Health Bill, which is set to overhaul Ireland's mental health laws, will see 200 amendments to it proposed by government today. The long-awaited legislation , which has suffered protracted delays for years, aims tp strengthen regulation around people consenting to the type of treatment they receive. It will also regulate all community Child and Adolescent Mental Health Services (CAMHS) which currently fall outside the scope of regulation set out under the 2001 Mental Health Act. It is close to ten years since an expert group tasked with reviewing the Mental Health Act 2001 recommended 165 changes to the law, but the pace of the new legislation has been painfully slow. Promises were made that the legislation would be passed prior to the election, however, with the bill fell with the dissolution of the last Dáil. It was later restored to the legislative agenda by Minister for Mental Health Mary Butler. Minister Butler and Health Minister Jennifer Carroll MacNeill will today propose over 200 amendments at Committee Stage with aims to progress the bill in the coming weeks. Advertisement Involuntary patients in mental health facilities The bill provides for an updated involuntary admission and detention process for people with severe mental health difficulties, including a revised set of criteria for admission. It also reforms the approach to consent to treatment for involuntarily admitted people. The most significant amendments proposed to Cabinet for approval today relate to adults who are involuntarily admitted to an acute mental health unit and lack capacity to consent to treatment. The Journal has reported extensively on the rights of voluntary and involuntary patients in mental health facilities and how the laws need reform. The proposed new mental health law, as published but yet to be passed all stages of the Oireachtas, permits treatment for involuntary patients who lack capacity and do not have a substitute decision arrangement in place. The draft bill proposes retaining the tribunal or a review board when it comes to such decisions, but it also requires a Circuit Court order for treatment decisions where a patient lacks capacity. The proposed amendments being brought to Cabinet seek to extend the permissible treatment period for a further 21 days (up to a maximum of 42) where it is approved by a second consultant psychiatrist, or while awaiting the appointment of a substitute decision-making arrangement by a court, provided the person continues to meet the criteria for involuntary admission and continues to lack capacity. The Medical Independent reported this month that consultant psychiatrists raised concerns that introducing such a structure could also lead to delays in treatment for patients. Related Reads Mental illness: How do schizophrenia and psychosis present, and how can we best treat them? Govt signs off on largest overhaul of Ireland's mental health law after years of delays Overhaul of mental health law which 'deprives people of liberty' may not happen before election The amendments also propose to broaden the criteria for the administration of treatment during such periods beyond risk to self and others to include criteria based on the need for treatment. The minister for mental health believes the amendments seek to strike an appropriate balance between respecting the autonomy of the individual while ensuring timely access to care and treatment where necessary. Butler is understood to be confident the amendments will make the bill stronger, easier to implement and better protect and vindicate the rights of people accessing treatment. CAMHS regulations The new legislation also deals with CAMHS – an issue that has caused much controversy in recent years, particularly around the issue of waiting lists. While progressing with the legislation, Minister Butler has formally written to the Mental Health Commission to request the Commission begin the development of new standards to regulate CAMHS in preparation for the commencement of the legislation. Stronger safeguards for people accessing inpatient treatment also forms part of the legislation, which also includes provisions to allow 16 and 17-year-olds to consent to or refuse mental health treatment. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal

New law will allow developers to apply for three-year extension on planning permissions due to lapse
New law will allow developers to apply for three-year extension on planning permissions due to lapse

Irish Independent

time5 days ago

  • Business
  • Irish Independent

New law will allow developers to apply for three-year extension on planning permissions due to lapse

Housing Minister James Browne will seek approval for the measure, which will allow developers with two years left on their permissions to apply for the extension. The legislation is a bid to activate developments such as large-scale apartment complexes. Applications for extensions will have to be made within six months of the legislation commencing. The legislation will also say that development must then commence within 18 months of enactment of the law. The ability to extend planning permission is just one of two measures included in the bill before the Cabinet. The second will see those holding planning permission which is caught up in a judicial review allowed to apply for a retrospective suspension of the time their permission was held up. Currently, if planning permission is subject to a judicial review, the clock is not paused while the process is worked through. Under proposals going to cabinet, planning permission holders can recoup the time lost while the permission was held up. If approved, it is expected the legislation will be completed before the Dáil summer recess. Meanwhile, Tánaiste Simon Harris will also bring the long-awaited Occupied Territories Bill to the Cabinet. Mr Harris will ask ministers to approve the drafting of the general scheme of the bill, which will prohibit the importation of goods from illegal settlements in the Occupied Palestinian Territory. It is hoped that the legislation will be ready for committee scrutiny in June. Opposition parties have been critical of the Government for the pace at which the bill is being brought through the Oireachtas and have accused it of watering the bill down. While Mr Harris will tell his cabinet colleagues that Ireland does minimal trade with the Occupied Territories, the Government has been resolute in wanting to use every means available to end the war in the Middle East. He will inform cabinet colleagues that the Government will look to adopt a twin-track approach to do this. This includes building support at EU level to ensure compliance with international law, as well as progressing legislation in Ireland. The Tánaiste will also ask ministers to approve the participation of Irish soldiers in the United Nations Interim Force in Lebanon (Unifil) for a further 12 months. Mental Health Minister Mary Butler and Health Minister Jennifer Carroll MacNeill will ask Cabinet to approve the committee-stage amendments of the Mental Health Bill. The aim of the bill is to revise and improve the experience of people involuntarily admitted to an acute mental health setting, and improve safeguards for those people. It will also introduce a new approach to consent to treatment.

Passing police detention powers to NHS staff ‘could cause significant harm'
Passing police detention powers to NHS staff ‘could cause significant harm'

Leader Live

time6 days ago

  • Health
  • Leader Live

Passing police detention powers to NHS staff ‘could cause significant harm'

The Royal College of Psychiatrists, the Association of Ambulance Chief Executives, the Royal College of Nursing and Association of Directors of Adult Social Services are among those saying proposed changes to the Mental Health Bill will set a 'dangerous precedent' that puts people at risk. In March, the Government suffered several defeats in the Lords as peers debated ways to modernise mental health legislation. Conservative shadow health minister Lord Kamall proposed a change to the Mental Health Bill so that nurses, doctors and other staff could carry out detentions of patients without the need for police officers to attend incidents. Health minister Baroness Merron told the Lords the Government did not support 'extending police powers in this way' but peers backed the Conservative proposal, resulting in changes to the draft new law. The changes mean powers previously reserved only for police could be transferred to health or other professionals to detain and restrain people in crisis, in public spaces or at home. It comes after concerns have repeatedly been raised by police leaders about the pressures mental health issues are placing on policing. Launching a joint statement, major health organisations have expressed 'grave concerns' and argue the 'police play a crucial role in carrying out many tasks that medical practitioners cannot perform, such as assessing whether a home is safe to enter'. They said 'reducing police involvement in mental health emergencies could lead to serious risks for both patients and clinicians.' The joint statement said wording accompanying the amendment 'states that 'the proposed amendments would remove the need for the presence of police at mental health incidents in the absence of any risk.' 'This is misleading as instances of detentions under the Mental Health Act where there is no risk are almost non-existent. 'It also negates the fact that the mere presence of uniformed officers can ensure that an otherwise risky situation remains contained and safe.' Transferring police powers to health professionals also risks damaging their 'therapeutic relationships' with patients, the signatories said. This has the 'double-effect' of hindering the ability to provide care, while also deterring people from seeking help from services where they might be forcibly detained, they added. The organisations said the changes 'have not been tested' with health professionals or discussed with patients. Their statement said: 'We are keen to work with police and Government to find ways to improve responses to mental health crises to ensure the safety of all professionals involved, patients and the community.' Dr Lade Smith, president of the Royal College of Psychiatrists, said delegating police powers to health professionals 'would not be within the spirit' of the proposed reforms to the Mental Health Act. She added: 'It is well known that at times, people experiencing a mental health crisis cannot be safely reached and cared for without the assistance of the police. 'Delegating police powers without proper consultation or planning is likely to disproportionately affect those from minoritised backgrounds and would increase risk to patients and compromise the safety of others. It sets a dangerous precedent. 'Like mental health services, the police are facing significant workload pressures. 'It is simply logical and now vital that we work together to develop more effective ways of responding to mental health crises.' A Department of Health and Social Care spokesperson said: 'Extending police powers to other professionals would represent a major shift in the roles, responsibilities and practice for health and care staff and would place additional resource on an already stretched NHS at a time where we are trying to rebuild a health service fit for the future. 'It also raises questions around whether it is right for the health and social care professionals to have powers to use reasonable force which could have implications for patient, public and staff safety, as well as potentially damaging the relationships clinicians have with patients. 'We are grateful to health and social care stakeholders for their in-depth engagement on this complex issue.' Signatories to the joint statement are: – Association of Ambulance Chief Executives (AACE)– Association of Directors of Adult Social Services (ADASS)– Approved Mental Health Professional (AMHP) Leads Network– British Association of Social Workers (BASW)– British Medical Association (BMA)– College of Paramedics– Royal College of Emergency Medicine (RCEM)– Royal College of Nursing (RCN)– Royal College of Psychiatrists (RCPsych)

Passing police detention powers to NHS staff ‘could cause significant harm'
Passing police detention powers to NHS staff ‘could cause significant harm'

South Wales Guardian

time6 days ago

  • Health
  • South Wales Guardian

Passing police detention powers to NHS staff ‘could cause significant harm'

The Royal College of Psychiatrists, the Association of Ambulance Chief Executives, the Royal College of Nursing and Association of Directors of Adult Social Services are among those saying proposed changes to the Mental Health Bill will set a 'dangerous precedent' that puts people at risk. In March, the Government suffered several defeats in the Lords as peers debated ways to modernise mental health legislation. Conservative shadow health minister Lord Kamall proposed a change to the Mental Health Bill so that nurses, doctors and other staff could carry out detentions of patients without the need for police officers to attend incidents. Health minister Baroness Merron told the Lords the Government did not support 'extending police powers in this way' but peers backed the Conservative proposal, resulting in changes to the draft new law. The changes mean powers previously reserved only for police could be transferred to health or other professionals to detain and restrain people in crisis, in public spaces or at home. It comes after concerns have repeatedly been raised by police leaders about the pressures mental health issues are placing on policing. Launching a joint statement, major health organisations have expressed 'grave concerns' and argue the 'police play a crucial role in carrying out many tasks that medical practitioners cannot perform, such as assessing whether a home is safe to enter'. They said 'reducing police involvement in mental health emergencies could lead to serious risks for both patients and clinicians.' The joint statement said wording accompanying the amendment 'states that 'the proposed amendments would remove the need for the presence of police at mental health incidents in the absence of any risk.' 'This is misleading as instances of detentions under the Mental Health Act where there is no risk are almost non-existent. 'It also negates the fact that the mere presence of uniformed officers can ensure that an otherwise risky situation remains contained and safe.' Transferring police powers to health professionals also risks damaging their 'therapeutic relationships' with patients, the signatories said. This has the 'double-effect' of hindering the ability to provide care, while also deterring people from seeking help from services where they might be forcibly detained, they added. The organisations said the changes 'have not been tested' with health professionals or discussed with patients. Their statement said: 'We are keen to work with police and Government to find ways to improve responses to mental health crises to ensure the safety of all professionals involved, patients and the community.' Dr Lade Smith, president of the Royal College of Psychiatrists, said delegating police powers to health professionals 'would not be within the spirit' of the proposed reforms to the Mental Health Act. She added: 'It is well known that at times, people experiencing a mental health crisis cannot be safely reached and cared for without the assistance of the police. 'Delegating police powers without proper consultation or planning is likely to disproportionately affect those from minoritised backgrounds and would increase risk to patients and compromise the safety of others. It sets a dangerous precedent. 'Like mental health services, the police are facing significant workload pressures. 'It is simply logical and now vital that we work together to develop more effective ways of responding to mental health crises.' A Department of Health and Social Care spokesperson said: 'Extending police powers to other professionals would represent a major shift in the roles, responsibilities and practice for health and care staff and would place additional resource on an already stretched NHS at a time where we are trying to rebuild a health service fit for the future. 'It also raises questions around whether it is right for the health and social care professionals to have powers to use reasonable force which could have implications for patient, public and staff safety, as well as potentially damaging the relationships clinicians have with patients. 'We are grateful to health and social care stakeholders for their in-depth engagement on this complex issue.' Signatories to the joint statement are: – Association of Ambulance Chief Executives (AACE)– Association of Directors of Adult Social Services (ADASS)– Approved Mental Health Professional (AMHP) Leads Network– British Association of Social Workers (BASW)– British Medical Association (BMA)– College of Paramedics– Royal College of Emergency Medicine (RCEM)– Royal College of Nursing (RCN)– Royal College of Psychiatrists (RCPsych)

Passing police detention powers to NHS staff ‘could cause significant harm'
Passing police detention powers to NHS staff ‘could cause significant harm'

North Wales Chronicle

time7 days ago

  • Health
  • North Wales Chronicle

Passing police detention powers to NHS staff ‘could cause significant harm'

The Royal College of Psychiatrists, the Association of Ambulance Chief Executives, the Royal College of Nursing and Association of Directors of Adult Social Services are among those saying proposed changes to the Mental Health Bill will set a 'dangerous precedent' that puts people at risk. In March, the Government suffered several defeats in the Lords as peers debated ways to modernise mental health legislation. Conservative shadow health minister Lord Kamall proposed a change to the Mental Health Bill so that nurses, doctors and other staff could carry out detentions of patients without the need for police officers to attend incidents. Health minister Baroness Merron told the Lords the Government did not support 'extending police powers in this way' but peers backed the Conservative proposal, resulting in changes to the draft new law. The changes mean powers previously reserved only for police could be transferred to health or other professionals to detain and restrain people in crisis, in public spaces or at home. It comes after concerns have repeatedly been raised by police leaders about the pressures mental health issues are placing on policing. Launching a joint statement, major health organisations have expressed 'grave concerns' and argue the 'police play a crucial role in carrying out many tasks that medical practitioners cannot perform, such as assessing whether a home is safe to enter'. They said 'reducing police involvement in mental health emergencies could lead to serious risks for both patients and clinicians.' The joint statement said wording accompanying the amendment 'states that 'the proposed amendments would remove the need for the presence of police at mental health incidents in the absence of any risk.' 'This is misleading as instances of detentions under the Mental Health Act where there is no risk are almost non-existent. 'It also negates the fact that the mere presence of uniformed officers can ensure that an otherwise risky situation remains contained and safe.' Transferring police powers to health professionals also risks damaging their 'therapeutic relationships' with patients, the signatories said. This has the 'double-effect' of hindering the ability to provide care, while also deterring people from seeking help from services where they might be forcibly detained, they added. The organisations said the changes 'have not been tested' with health professionals or discussed with patients. Their statement said: 'We are keen to work with police and Government to find ways to improve responses to mental health crises to ensure the safety of all professionals involved, patients and the community.' Dr Lade Smith, president of the Royal College of Psychiatrists, said delegating police powers to health professionals 'would not be within the spirit' of the proposed reforms to the Mental Health Act. She added: 'It is well known that at times, people experiencing a mental health crisis cannot be safely reached and cared for without the assistance of the police. 'Delegating police powers without proper consultation or planning is likely to disproportionately affect those from minoritised backgrounds and would increase risk to patients and compromise the safety of others. It sets a dangerous precedent. 'Like mental health services, the police are facing significant workload pressures. 'It is simply logical and now vital that we work together to develop more effective ways of responding to mental health crises.' A Department of Health and Social Care spokesperson said: 'Extending police powers to other professionals would represent a major shift in the roles, responsibilities and practice for health and care staff and would place additional resource on an already stretched NHS at a time where we are trying to rebuild a health service fit for the future. 'It also raises questions around whether it is right for the health and social care professionals to have powers to use reasonable force which could have implications for patient, public and staff safety, as well as potentially damaging the relationships clinicians have with patients. 'We are grateful to health and social care stakeholders for their in-depth engagement on this complex issue.' Signatories to the joint statement are: – Association of Ambulance Chief Executives (AACE)– Association of Directors of Adult Social Services (ADASS)– Approved Mental Health Professional (AMHP) Leads Network– British Association of Social Workers (BASW)– British Medical Association (BMA)– College of Paramedics– Royal College of Emergency Medicine (RCEM)– Royal College of Nursing (RCN)– Royal College of Psychiatrists (RCPsych)

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