Overview

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The overhaul of Irish mental health legislation has been long overdue, together with mechanisms and a framework for improving the quality of care for mental health service users and their families. The Mental Health Act, 2001 is the result of a long process of attempted legislative change and wide consultation in the area of mental health legislation.

The Mental Health Act, 2001 was fully commenced on 1st. November 2006.

The Mental Health Act, 2001 is described as:

"...An act to provide for the involuntary admission to Approved Centres of persons suffering from mental disorders, to provide for the independent review of the involuntary admission of such persons and, for those purposes, to provide for the establishment of a Mental Health Commission and the appointment of Mental Health Commission Tribunals and an Inspector of Mental Health Services, to repeal in part the Mental Treatment Act, 1945 and to provide for related matters."

The Mental Health Act, 2001 states that in making a decision under The 2001 Act concerning the care or treatment of a person:

"...The best interests of the person shall be the principal consideration with due regard being given to the interests of other persons who may be at risk of serious harm if the decision is not made."

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