On 21 June the Steering Group of the Review of the Mental Health Act published its interim report. The Irish Mental Health Act is in dire need of review as events immediately following the enactment of its substantive provisions in 2003, including the publication of the Report of the Expert Group on Mental Health and the signing of the UN Convention on the Rights of Persons with Disabilities, meant that the legislation is extremely outdated. The Report of the Expert Group and the UN Convention introduce a shift in focus towards community-based treatment and the importance of autonomy - something that is lacking in the existing Mental Health Act.
The Interim Report has been welcomed by civil society groups, but a guest post by UCC's Dr Claire Murray on the Human Rights in Ireland blog notes the level of cross-referencing in the Interim report to what will be addressed in proposed Mental Capacity legislation. She also highlights the related concern that vulnerable people will fall through the cracks when complicated issues are passed between Government departments.
A number of themes were identified in the Interim Report, including human rights and paternalism, children, involuntary patients and capacity and consent to treatment. The Interim Report also noted that although a human rights ethos and "best interests" approach was included in the Mental Health Act of 2001, the principle has been restricted in its application due to the courts interpreting the principle in a very paternalistic manner. The Interim Report also outlines recommendations to ensure the human rights ethos is best protected. The final report of the Steering Group is due to be published in late 2012 or early 2013.
Click here to read the Interim Report.
Click here to read Dr Murray's article on the report at the Human Rights in Ireland blog.