Irish Penal Reform Trust

Lobbying Organisation Irish Penal Reform Trust

Date published 20 May, 2022

Relevant Matter Legislation

Public Policy Area Justice and Equality

Period 1 Jan, 2022 to 30 Apr, 2022

Specific Details Outlining IPRT concerns on the amendment of the Mental Health Act 2001

Intended results To ensure the rights of people detained / engaged with forensic mental health settings are considered as part of the reform of the Mental Health Act 2001.

Name of person primarily responsible for lobbying on this activity Molly Joyce, Legal & Public Affairs Manager

Did any Designated Public Official(DPO) or former Designated Public Official(DPO) carry out lobbying activities on your behalf in relation to this return? You must include yourself, and answer Yes, if you are a current DPO or a DPO at any time in the past. (What is a Designated Public Official?) No

Did you manage or direct a grassroots campaign? No

Was this lobbying done on behalf of a client? No

Lobbying activity

The following activities occurred for this specific Subject Matter Area.

Letter (1)

Letter sent to Sub-Committee on Mental Health on 28 January 2022, outlining IPRT concerns around the crisis of mental health in prisons and asking them to consider (as they conduct PLS on the amending Heads of Bill of the Mental Health Act 2001): the work of the High Level Task Force established by Minister McEntee and Minister Donnelly; the Assisted Decision-Making (Capacity) (Amendment) Bill 2021, and the plans to fully commence the provisions of the Assisted Decision-Making (Capacity) Act 2015 and operationalise the Decision Support Service (DSS); and the importance of early intervention, prevention and diversion.

Submission (1)

Following an invitation from the Sub-Committee, IPRT made a more detailed submission on 22 April 2022 regarding specific aspects of the amending Heads of Bill of the Mental Health Act 2001. Specific recommendations made around: ensuring protections / due process for people who are to be detained in the CMH beyond the end of their sentence; ensuring the provisions on physical and mechanical restraint and seclusion comply with UNCRPD and consider including provisions around de-escalation; and consider how certain protections around advance healthcare directives and provision of advocates may be extended to people detained in forensic settings.

Designated public officials lobbied

The following DPOs were lobbied during this return period on this specific Subject Matter Area. These DPOs were involved in at least one of the Lobbying Activities listed above, but not necessarily all of them. As returns are specific to a Subject Matter Area the above Lobbying Activities may be associated with multiple returns.

Neasa Hourigan TD (Dáil Éireann, the Oireachtas)

Gino Kenny TD (Dáil Éireann, the Oireachtas)

John Lahart TD (Dáil Éireann, the Oireachtas)

Mark Ward TD (Dáil Éireann, the Oireachtas)

Frances Black Senator (Seanad)

Martin Conway Senator (Seanad)

Aisling Dolan Senator (Seanad)

Annie Hoey Senator (Seanad)