The existing Mental Health Act is obsolete. The long-awaited new law will replace the antiquated 1976 legislation, which was, in turn, based on the 1959 British Mental Health Act.
The law we have now is neither based on the rights of the individual nor on community inclusion. This is a serious lacuna as it is estimated that about 25 per cent of the population experience mental illness and such individuals and their families are at high risk of experiencing poverty, both in absolute and in relative terms. This may result not only from their inability to work but also from the need to buy medication that is not provided by the state except for schizophrenia.
The Bill being proposed looks beyond the mental health problems of the individual and focuses on the person’s rights and needs. This includes the legal requirement to maintain and protect the parent-child bond in affected individuals.
The new law is expected to significantly impact individuals with mental health problems in a variety of positive ways, above all else, by eliminating the extant stigma against mental health problems, an outlook that is entrenched in the mentality of many individuals.
This stigma is a major stumbling block that often prevents individuals from accessing services available to society until it is too late or not at all. That is indeed tragic because if symptoms are identified early, there is a better chance of a cure and effective support. It will also have a significant effect on a youth’s development in the case of children.
The law could also help to prevent separating couples from unfairly using such legislation against their partners. Similarly, it will deal with Canon law and Church rules under which schizophrenics are deemed incapable of getting married, excluding even mild cases from marriage.
Moreover, Mount Carmel Hospital will stop accepting social cases if the individuals do not have mental health problems. And children will not be sent here simply because they have severe behavioural problems, as is the case now.
With this legislation, involuntary treatment (forced upon patients with serious conditions for their own benefit and safety and for those around them) would be able to take place in the community. Patients would therefore be able to receive treatment at home if they meet the criteria stipulated within the Act. There will be a commissioner for patients who will have the right to be involved in drawing up his/her care plan.
Professional accountability is stressed and the treatment team will be obliged by law to draw up a detailed, written care plan for each patient, thereby further safeguarding patients against abuse.
Hospitalisation will be a last resort. Once a patient is admitted to a psychiatric hospital and eventually allowed home on hospital leave (prior to complete discharge), the new law will reduce the chance of such patient being recalled for social reasons simply because s/he would still be on the hospital books.
An additional and welcome side-effect of the current awareness of the new law is that the Employment and Training Corporation has said that it plans to reactivate a joint employment support programme with Richmond Foundation. This programme had been stopped due to lack of funding and its relaunch will help to provide work placements for people with mental health problems and will follow up their progress while at work.
Moreover, the Health Ministry said it would be proposing to expand entitlement for free medicines for more mental illnesses and not just for schizophrenia.
The Bill should be enacted and implemented without delay.