RCN welcomes single Act for mental health and mental capacity

Published: 10 September 2009

RCN Northern Ireland has welcomed a landmark decision today by Health Minister Michael McGimspey to introduce a new single piece of legislation covering both mental health and mental capacity, rather than the dual track approach previously advocated by the DHSSPS.

Speaking in response to the Minister's announcement, RCN Northern Ireland Director Janice Smyth said: "We are pleased that the Minister has listened to the views of nurses and of professional and service user organisations on this issue. The RCN believes that a single Act covering both mental health and mental capacity will avoid stigmatising patients and will stop placing practitioners in the difficult position of labelling patients according to their mental health status or their mental capacity. We also welcome the Minister's commitment to ensuring that human rights principles and improved safeguards for patients are incorporated in the legislation.

"This announcement is good news for people with mental health issues and those with learning disabilities, their families, carers and the health professionals who provide care for them. It will help to provide the legislative basis for a new service that truly respects the human rights, autonomy and needs of vulnerable patients."

In response to a DHSSPS consultation on the issue earlier this year, RCN Northern Ireland, along with a range of other professional and service user organisations, argued that a single Act would avoid the stigmatisation of service users and ensure that health and social care professionals were not placed in the position of having to determine under which legislative category a particular service user should receive care and treatment.

Announcing the decision, the Minister said: "My Department has carefully considered the findings and recommendations from the public consultation held earlier this year. There was wide support for principles-based legislation and respondents were also supportive of improved safeguards and protections for individuals who lacked the mental capacity to make decisions for themselves. This single piece of legislation will bring innovative long-term legislative change to Northern Ireland and will make a real difference to people's lives.

"I remain committed to ensuring that those with a mental disorder or learning disability are treated on the same basis as any other person and that their dignity and human rights are fully protected. This principle was envisaged by the Bamford Review and is a vision I am determined to achieve. Through this work, we have a real opportunity to bring long-lasting positive benefits to our society in terms of the enhancement of individual care and protection; and the protection of dignity, human rights and public safety."