The Northern Ireland Department of Health, Social Services and Public Safety proposes to introduce combined mental health and mental capacity legislation in early 2011. A consultation process has commenced and the Department is receiving submissions on the proposed legislation up to 31 October 2010. This legislative proposal is significant as it would make Northern Ireland the first jurisdiction to introduce such a combined approach (although there are some examples of jurisdictions, such as Scotland, which have introduced a capacity test in mental health legislation).

Those in favour of a combined system argue that this will prevent individuals from falling between the cracks of existing legislative provisions. It is also argued that a combined mental health and mental capacity system would be more compliant with international human rights norms, especially the UN Convention on the Rights of Persons with Disabilities (CRPD)– as it would prioritise autonomy and capacity (rather than diagnosis of mental disorder and risk of harm) as the key principles in determining whether compulsory treatment or detention can be authorised.

Continue reading “New Mental Health and Mental Capacity legislation in Northern Ireland” →