New rulings on mental health laws advanced

Saturday, 3 January 2009

The introduction of mental health legislation in Northern Ireland is to be sped up, the Health Minister said last night.

The Assembly will consider bills on mental capacity and mental health near the end of this year, following the Bamford Review of Mental Health and Learning Disability, Mr McGimpsey added.

Changes will promote the right of individuals to make their own decisions about their care and welfare, and support carers who act on their behalf.

Mr McGimpsey said: “A new twin track approach will be adopted of the separate but simultaneous development of mental capacity and mental health legislation.

“It is proposed that a set of principles will be embedded in each piece of legislation which will protect the dignity and human rights of those with a mental disorder or learning disability, and those unable to make significant decisions for themselves.

“This will ensure that where a person has the mental capacity to make a decision, including a decision about treatment of their disorder, they will be allowed to do so.”

The Department of Health yesterday published a framework for future legislation for public consultation.

Mr McGimpsey said the original blueprint for change was a sequential one, with mental health legislation to come into operation by 2011, followed by mental capacity legislation by 2014.

“It is clear from the consultation responses on Delivering the Bamford Vision that these conclusions should be amended,” he added.

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