Press Release: Friday 16 October 2026
Minister for Health Secures Government Approval to Prepare Protection of Liberty Safeguards Legislation
The Minister for Health, Jennifer Carroll MacNeill TD, has received Government approval for the preparation of a General Scheme of a Protection of Liberty Safeguards Bill. This legislation will establish a robust, human rights-based legal framework to safeguard people who lack decision-making capacity and are deprived of their liberty in health and social care settings including, nursing homes, residential disability settings, approved centres and hospitals.
This proposed Bill will deliver on a commitment in the National Disability Strategy and fulfil requirements for compliance with the UN Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights, while aligning closely with the protections enshrined in Bunreacht na hÉireann.
The Bill will form an important complement to other human rights reforms in the sector, including the Assisted Decision-Making (Capacity) Act 2015, the Mental Health Act 2026, and forthcoming Adult Safeguarding Legislation.
The legislation will establish a streamlined, non-court-based process accompanied by robust legal protections. These safeguards will include defined authorisation periods, mandatory reviews, and a formal appeal mechanism. To support this process, a new independent quasi-judicial body will be established within the Mental Health Commission.
Speaking today, Minister Carroll MacNeill said:
“The right to liberty is one of our most fundamental constitutional and human rights. Government approval is a landmark step forward in vindicating this right for any person in circumstances where it is considered necessary to deprive them of their liberty to provide care or support.
“The Protection of Liberty Safeguards Bill will establish a non-court-based framework. It will ensure that any restriction on a person’s liberty is strictly necessary, proportionate, and always a last resort. By centring this legislation on the person’s autonomy, will and preference, we are embedding a human rights-based approach into the very fabric of our health and social care delivery.”
Minister of State for Older People and Housing, Kieran McDonnell TD said:
“This legislation is a vital milestone in protecting the rights and freedom of our older population. It will provide a streamlined, independent system to protect older people who lack decision-making capacity in care settings such as nursing homes and hospitals. This framework will also ensure that any restriction on a person’s liberty is strictly a last resort and keeps the voice and preferences of the older person at the very centre of their care.”
Minister for Mental Health, Mary Butler TD, said:
“This legislation will provide robust, person-centred safeguards to protect people in care settings and will be an important complement to other human rights reforms in the health and social care sector, including the Mental Health Act 2026. I particularly welcome the decision to establish a new independent body within the Mental Health Commission to support this new process. The Commission has a broad range of experience and expertise from its functions relating to mental health regulation and the Decision Support Service which it will be able to draw upon in assuming this new role.”