Are Changes to the Mental Health Order Imminent?
There is growing pressure on the government to make changes to the Mental Health Order following a number of high profile cases. Health Minister, Michael McGimpsey, has most recently faced calls to reform the act, with the McDermott brothers’ case in County Fermanagh, Ireland cited.
Two of the brothers involved in the case escaped jail sentences as they were declared to be mentally unfit to stand trial. Having committed sex attacks against minors, the pair managed to avoid a custodial sentence through a loophole in the law.
Campaigners argue that this case is a prime example where the Mental Health Order can allegedly be abused to enable criminals to effectively get away with their crimes by using the protection of this particular legislation. It is not a call to revoke the Mental Health Order, but growing calls to amend it have caused both the Health Minister and the Justice Minister to address this issue and speculate that changes to the law are imminent.
Whether this is a matter for the Department of Health or Justice is not completely clear. What is apparent is that the more cases highlighted in which current mental health legislation appears to be used for the benefit of criminals, the more pressure the Government will come under to make changes.
It is vital that the Mental Health Order continues to protect vulnerable individuals. Negative press surrounding mental health issues are all too common and a misinformed public is in danger of calling for repeal when it is reform that is required.