The Mental Health Commission was established in April 2002 under the provisions of the Mental Health Acts 2001-2018 (the 2001 Act).
The 2001 Act was fully commenced on 1 November 2006 including Part 2 “Involuntary Admission of Persons to Approved Centres” by which the independent reviews by mental health tribunals of involuntarily detained persons commenced.
The 2001 Act has been the subject of a series of amendments which are listed below together with a list of related legislation and regulations.
In 2018, Ireland ratified the UN Convention on the Rights of Persons with Disabilities (CRPD), the purpose of which is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities.
The Mental Health Acts 2001-2018 are currently being reviewed. A Mental Health Bill was published in July 2024 which was subject to amendment in June 2025 and is currently going through the Houses of the Oireachtas. In the drafting of the Bill the CRPD’s rights-based approach to disability was considered.
Legislation
Primary Mental Health Legislation
- Mental Health Act 2001
- Mental Health Act 2008
- Mental Health (Amendment) Act 2015
- Mental Health (Renewal Orders) Act 2018
- Mental Health (Amendment) Act 2018 (not commenced)
Related Legislation
- Health (Miscellaneous Provisions) Act 2009 - Section 63
- Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 - Section 98
- Assisted Decision-Making (Capacity) Act 2015 - Sections 106 & 107
- Emergency Measures in the Public Interest (Covid-19) Act 2020
- United Nations Convention on the Rights of Persons with Disabilities (UNCPRD)
Bills
(June 2025)
Regulations
Additional information on the Assisted Decision-Making (Capacity) Act 2015 (as amended)
2015 Act
The Decision Support Service legislation may be found on the Decision Support Service website at the link Legislation | Decision Support Service
COURTS
Rules
- Superior Court Rules – Section 73
- Circuit Court Rules
- District Court Rules
Forms
- Notice of Appeal – Circuit Court – Section 19