Ireland is taking a significant step towards strengthening human rights protections in care. The Government has approved preparations for a Protection of Liberty Safeguards Bill, creating a proposed legal framework for people who lack decision-making capacity and may be deprived of their liberty in health and social care settings.
Liberty safeguards legislation moves forward
Health Minister Jennifer Carroll MacNeill TD received approval to prepare the General Scheme of the Bill on 23 October 2026. The proposed legislation will apply to settings including nursing homes, hospitals, approved centres and residential disability services.
The initiative is intended to ensure that any restriction on a person’s liberty is lawful, necessary, proportionate and used only as a last resort. It also aims to place the individual’s autonomy, will and preferences at the centre of care decisions.
Key protections proposed
The new liberty safeguards framework is expected to introduce a streamlined process that does not require every case to go through the courts. However, it would include important independent and legal protections, such as:
- Defined authorisation periods for restrictions on liberty
- Mandatory reviews of authorisations
- A formal appeal mechanism
- Independent oversight through a new quasi-judicial body
The new body would be established within the Mental Health Commission, which already has experience in mental health regulation and responsibilities connected with the Decision Support Service.
How the proposal fits Ireland’s wider rights reforms
The proposed Bill will support commitments made under the National Disability Strategy and help Ireland meet obligations under the United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights. It will also be designed to align with the protections contained in Bunreacht na hÉireann.
The legislation is intended to complement the Assisted Decision-Making (Capacity) Act 2015, the Mental Health Act 2026 and planned adult safeguarding legislation. Together, these reforms are expected to strengthen decision-making support and accountability across health and social care.
Focus on older people and vulnerable adults
Minister of State for Older People and Housing Kieran McDonnell TD described the proposal as an important milestone for protecting older people in nursing homes and hospitals. The framework would provide an independent process while ensuring that an older person’s views and preferences remain central to their care.
Minister for Mental Health Mary Butler TD also welcomed the proposed independent body, highlighting the Mental Health Commission’s existing expertise as a foundation for the new system.
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What happens next?
Government approval to prepare the General Scheme is an early stage in the legislative process. Further policy and legal work will be required before a Bill can be published, debated and progressed through the Oireachtas.
The Department of Health will remain central to developing the proposal, while the Mental Health Commission is expected to play a key role in shaping the proposed independent oversight arrangements. Other public bodies, including the Health Service Executive (HSE), may have an interest in how any future system operates in practice.
Conclusion
The proposed liberty safeguards legislation could provide a clearer and more accountable way to protect people whose freedom is restricted in care settings. Its central test will be whether safeguards work in practice: ensuring necessity, proportionality, regular review and respect for each person’s voice. For Ireland’s health and social care system, this is an important development in human rights-based care.
Article/Image Courtesy: gov.ie