The inclusion of the term “pharmacological restraint” in the new Mental Health Bill is “highly offensive” to those working in the sector, the College of Psychiatrists of Ireland has told senators.
The Bill, when enacted, is set to be the first big reform of the legislation in more than 20 years and seeks to move to a more human rights-based approach.
It passed through the final stage of the Seanad last Thursday and will return to the Dáil for final approval before being signed into law.
The psychiatrists’ training body wrote to all senators last week expressing concern about a number of aspects of the Bill.
The letter was written by college president Dr Lorcan Martin and Dr Joanne Fegan, director of communications and public education. It said the organisation was “deeply concerned” about the addition of the definition of “pharmacological restraint”, as it is a practice that “does not exist”.
“Psychiatrists and mental health professionals do not engage in administration of medication with the intention of ‘controlling a person’s behaviour’ as it is worded; or indeed with the intention to ‘restrict, prevent or limit the person’s freedom of movement or access to his or her own body’,” the letter said.
“It is deeply offensive to any practicing mental healthcare worker to feel that wording exists that suggests we administer medication under the terms of this definition. It is unclear what evidence/data exists that gave rise to and supports this inclusion. We respectfully request that it be removed as soon as practicable from the Mental Health Bill 2024.”
The organisation also warned that proposed court oversight of treatment is “unnecessary, redundant and costly”.
“The resources of the courts are already limited and under strain. Involuntary patients will often express a fear that they have done something wrong,” the letter said. “Court oversight will reinforce this idea, causing unnecessary distress for the unwell person.”
A spokesman for the Department of Health said the Bill has been developed over many years following “extensive consultation” with stakeholders.
“The Minister and the Department of Health are satisfied that the provisions in the Bill regarding consent to treatment and recourse to the court in certain circumstances are appropriate and well balanced,” the spokesman said.
In relation to the chemical restraint, the spokesman said Mary Butler, Minister of State at the Department of Health, wrote to the Mental Health Commission, the regulator, in July 2025. She did this, the spokesman said, seeking information such as estimated prevalence in Ireland, examples of such practices and definitions.
“Following subsequent consultation with the Commission, two new sections were drafted with the Office of Parliamentary Counsel to provide for the regulation of the use of pharmacological restraint for adults and children,” the spokesman said.
“The sections provide for the Commission to make regulations in relation to the use of pharmacological restraint and sets out that it may only be administered according to strict criteria.”
The spokesman added that both the Minister and the Department are “satisfied that the current provisions achieve an appropriate balance” between healthcare and human rights.