Acting Chairperson (Senator Pat Casey): For the information of Members, please note that the House, by agreeing to the motion to recommit, allows a Committee Stage-style discussion on amendments Nos. 28, 29, 286 to 302, inclusive, 306 and 309 to 328, inclusive, only. That is, Members may speak more than once on each of those amendments. In respect of other amendments, I would like to remind Senators that a Senator may speak only once on Report Stage, except the proposer of an amendment, who may reply to the discussion on the amendment. Also, on Report Stage, each non-Government amendment must be seconded.

Amendment No. 1 arises out of Committee Stage proceedings. Amendments Nos. 1; 3 to 10, inclusive; 12 to 15, inclusive; 18; 19; 21; and 23 to 27, inclusive, are related and will be discussed together, by agreement. Is that agreed? Agreed....

Government amendment No. 1:
In page 15, line 24, to delete "District Court" and substitute "Family District Court or the District Court, as the case may be"...

...Senator Aubrey McCarthy: As the Minister of State knows, I have spoken many times in this House about the mental health system and also about the gaps where people are falling through. One area of concern I mentioned before is dual diagnosis and people coming from an addictive background when they present. I recently gave the case of a young guy from Limerick who arrived at a rehabilitation centre to get detoxed and was unfortunately hearing voices. He showed signs of mental health issues. He was then referred to accident and emergency services but because he had substances in his blood, those services said it was a drug issue rather than a mental health issue. The dual diagnosis piece is a huge gap. I am very happy to support my colleague, Senator Boyhan, in these amendments, which basically want to raise stronger safeguards. The review in amendment No. 41 is very prevalent for that.

I have also spoken in the House about the particular case of Andrew McGinley and his family. He was the co-parent who was not informed of his partner's issues, even though they were disclosed to a professional during her treatment. Unfortunately, we know that co-parent, Andrew McGinley, lost his three children and that the story of Conor, Darragh and Carla, who were tragically taken from him in circumstances which shook the nation, could have been prevented. Mr. McGinley has shown extraordinary courage and has channelled his grief into advocacy and is looking for reforms and answers. He has requested a meeting with the Minister of State. He has also called for sections of this Bill to be amended. I acknowledge there are a lot of amendments before the Minister of State today, but I suspect that the issues he has mentioned are not going to be addressed. I also acknowledge what the Minister of State has mentioned before, which is that medical confidentiality is a complex issue so trying to reform the law in that is very difficult. I fully understand that. It would require a separate Bill, but I appeal to the Minister of State to take account of the issues related to confidentiality in a future report. I do not think anybody in this Chamber wants to see what Andrew McGinley has gone through happen to other families.

I put a focus on the dual diagnosis piece, which is a separate piece that is a huge chunk of work. If we can join the dots there, it would be a game-changer...

... 

Deputy Mary Butler: I do. I thank all the Senators for submitting this amendment. Senator Boyhan introduced a similar amendment on Committee Stage and we discussed it at length, we debated it at length and I set out my stall.

Unfortunately, my stall has not changed, not because I do not agree with where we are coming from - and I think we will eventually come to that stage - but because the first thing is for the conventions to be adapted into national legislation, and to do so this would have to be a whole-of-government approach. As discussed, the House will be aware that the articles of the UNCRC are wide-ranging and cover several areas, including health, housing, social security, education, leisure and play, child protection and welfare, criminal justice and international protection, as well as access to information and participation in decision-making. As we all know, Ireland ratified this convention in 1992 and its compliance with the convention is reviewed regularly by the UN Committee on the Rights of the Child.

Ireland's most recent periodic review was held in 2022 and the concluding observations were published in 2023. We will continue to be held accountable by the committee for compliance with the convention through these periodic reviews.

The Bill provides a balanced approach to the provision of mental health treatments, enshrining the best interests of the child as the primary consideration in all decisions. The Bill, and the performance of the State in general regarding compliance with the convention, is compliant with the convention and is subject to scrutiny by the relevant committee. The amendment would not add to this.

As we all know, we signed up to the UNCRPD and we will come to a stage where this will be enshrined across all legislation. There are different viewpoints on what compliance means. These amendments do not state who is responsible for assessing compliance and what the consequences are if the Bill is suspected as being non-compliant. For that reason, the amendments are vague in that respect. I understand exactly where the Senators are coming from. I do not disagree with them in that respect. I hope we come to a stage where we will see a whole-of-government approach to all legislation. The Senators have seen how long it has taken me to get this Bill to where it is today. I started the process in September 2024 in the Dáil, and now I am in the Seanad in April 2026. I cannot talk enough about the importance of getting this Bill concluded in two weeks in the Dáil so we can start to immediately implement this Bill.

I cannot wait to have oversight of CAMHS. I cannot wait to have the oversight, for example, of those living in our communities. I am looking forward to when 16-year-olds can make decisions about their own health. I am looking forward to a situation where An Garda Síochána will not have to be involved in the involuntary detention of a person. I am looking forward to the human rights element of the Bill. The Bill is hugely important and for those reasons, and those reasons alone, I will not accept these amendments but I understand 100% where everybody is coming from. We are all on the same page and we will get to a stage, but can Senators imagine what would be involved now in trying to rewrite the entire Bill? The Bill cannot take on every Act in the country. I have to get the Bill passed because for those who have enduring mental health conditions, those who are suffering with anxiety, depression or who might be bipolar, for example, or those who have clinical depression, are self-harming, have an eating disorder or those with a dual diagnosis, we have to ensure this Bill is in place. There are really good parts of this Bill that will make such a difference to so many people and I just have to get it done now. For that reason, and for those reasons I have set out, I will not be able to accept the Senator's amendments...

[Click here to read th full debate on the Oireachtas website]