Mental Health (Amendment) Act 2018

• Jurisdiction: Ireland
• Citation: IR No. 10/2018
• Year: 2018

Number 10 of 2018
MENTAL HEALTH (AMENDMENT) ACT 2018
CONTENTS
1. Definition
2. Amendment of section 2 of Principal Act
3. Guiding principles to apply in respect of adults
4. Guiding principles in respect of children
5. Short title, commencement and collective citation
Acts Referred to
Assisted Decision-Making (Capacity) Act 2015 (No. 64)
Mental Health Act 2001 (No. 25)
Number 10 of 2018
MENTAL HEALTH (AMENDMENT) ACT 2018
An Act to amend and extend the Mental Health Act 2001; to make further and better provision relating to the treatment of persons under the Mental Health Act 2001 ; to improve the provision of mental health services; to promote the rights of persons subject to the Mental Health Act 2001; and to provide for related matters.
[2nd July, 2018]
Be it enacted by the Oireachtas as follows:
		Definition
1. In this Act “Principal Act” means the Mental Health Act 2001 .
		Amendment of section 2 of Principal Act
2. Section 2 of the Principal Act is amended in subsection (1) by—
	(a) the insertion of the following definitions:
	(i)“ ‘Act of 2015’ means Assisted Decision-Making (Capacity) Act 2015 ;”,
	(ii)“ ‘guiding principles’ shall be construed—
	(a) in relation to a person, other than a child, in accordance with section 4,
	(b) in relation to a child, in accordance with section 4A;”,
	and
	(b) the substitution of the following definition for the definition of ‘voluntary patient’:
	“‘voluntary patient’ means a person who—
	(a) has capacity (within the meaning of section 3 of the Act of 2015),
	(b) has been admitted to an approved centre, and
	(c) has given consent to his or her admission.”.
		Guiding principles to apply in respect of adults
3. The Principal Act is amended by the substitution of the following section for section 4:
	“4. (1) Where it is proposed to make a decision in respect of a person the subject of the decision under this Act, the person shall, so far as is reasonably practicable, be notified of the proposal and entitled to make representations in relation to it and before deciding the matter due consideration shall be given to any representations duly made under this section.
	(2) The principles specified in subsections (3) to (11) (in this Act referred to as the ‘guiding principles’) shall apply in respect of the making of a decision.
	(3) It shall be presumed that a person in respect of whom a decision is being made has capacity in respect of the matter concerned unless the contrary is shown in accordance with the provisions of the Act of 2015.
	(4) A person shall not be considered as unable to make a decision in respect of the matter concerned unless all practicable steps have been taken, without success, to help him or her to do so.
	(5) A person shall not be considered as unable to make a decision in respect of the matter concerned merely by reason of making, having made, or being likely to make, an unwise decision.
	(6) There shall be no decision taken in respect of a person unless it is necessary to do so having regard to the individual circumstances of that person.
	(7) A decision taken in respect of a person shall—
	(a) be made in a manner that minimises—
	(i) the restriction of the person’s rights, and
	(ii) the restriction of the person’s freedom of action,
	(b) have due regard to the need to respect the right of the person to dignity, bodily integrity, privacy, autonomy,
	(c) be proportionate to the significance and urgency of the matter the subject of the decision, and
	(d) have due regard to the need to have access to health services that have as the aim of those services the delivery of the highest attainable standard of mental health as well as the person’s right to his or her own understanding of his or her mental health.
	(8) Notwithstanding the generality of subsection (1), in making a decision—
	(a) the person in respect of whom the decision concerned is being made shall be permitted, encouraged and facilitated, in so far as is practicable, to participate, or to improve his or her ability to participate, as fully as possible, in the decision,
	(b) effect shall be given, in so far as is practicable, to the person’s past and present will and preferences, in so far as that will and those preferences are reasonably ascertainable,
	(c) account shall be taken of—
	(i) the beliefs and values of the person (in particular those expressed in writing), in so far as those beliefs and values are reasonably ascertainable, and
	(ii) any other factors which the person would be likely to consider if he or she were able to do so, in so far as those other factors are reasonably ascertainable,
	(d) unless the...