Tabling of the Mental Health Bill 2022 by Minister of Health and Wellness, the Hon. Dr. Michael Darville
Authored by: Ministry of Health and Wellness
Source: Ministry of Health and Wellness
Date: July 21, 2022

Madam Speaker
This morning I rise with much gratitude to lay for the first time in this honorable house the Mental Health Bill 2022 which is intended to repeal and replace the current Mental Health Act 1969.

Madam Speaker

This Bill reflects more than ten years of collaborative work across the political divide, which is now being brought to the forefront by this New Day administration as part of our social reform agenda that aims to bring dignity to the poor and the mentally disabled throughout the country. As Minister of Health and Wellness I carry this version of the Bill close to my heart because like myself I do believe everyone in this honorable place has been touched some way or another by someone with mental illness.

This Bill seeks to protect real people who have been living in the shadows of society for years, many striped of their human rights while family members, friends and coworkers struggle to help them cope with human indignity that appears to be imbedded in our society against those who suffer from mental illness.

Madam Speaker

Mental health is one of the most neglected areas of health globally and the situation in our country has further deteriorated as a result of the devastating effects of natural disasters brought on by climate change and the negative impact of the COVID 19

pandemic. The World Health Organization (WHO) estimates that mental illness affects one in four people in their lifetime and it is estimated that more than one-third of the financial resources expended on non-communicable diseases over the next twenty
(20) years will be allocated to mental illness which is a common co-morbidity of non- communicable diseases, HIV, other infectious diseases including poverty.

Madam Speaker,

One only has to open their eyes as we traverse the streets of New Providence, Grand Bahama and many of our family islands to witness the level of despair many are experiencing in our country. We are seeing increasing levels of homelessness, mental suffering, post-traumatic stress disorders among the young and old which is currently challenging our social safety net. The devastating effects of natural disasters brought on by climate change coupled with the recent shocks of Dorian and the onslaught of the COVID-19 pandemic are not passing events but live on in the minds and psyche of our people.

Madam Speaker,

For more than fifteen years, there has been a call for Commonwealth Countries to revise old Mental Health Acts to remove the focus from criminalization and to align the response with a greater focus on the protection of human rights. Historically, mental health leadership invested heavily in training of mental health specialists with a predominant focus on treatment, rehabilitation and the establishment of mental health institutions. In more recent times, with the reduction of mental health stigma coupled

with a greater understanding on the role of mental health in the overall well-being of an individual, the focus has shifted to the prevention of mental health issues and the optimizing and improvement of an individual’s existing mental health.

More than 10 years ago the Ministry of Health & Wellness undertook to manage the country’s mental health agenda as a crucial pillar in the well-being of Bahamian residents. Over the year’s a lot of plans were put in place and some significant in- roads were made in expanding access to mental health services at the community level, especially in the Family Islands. Today with the laying of this piece of legislation many innovative ideas along with global best practices were amalgamated in this Bill aimed to repeal and replace the current 52-year-old outdated Mental Health Act of 1969.

Madam Speaker

I must point out that the UN Convention on the Rights of Persons with Disabilities (CRPD) reflects a paradigm shift in the care of people with disabilities – from considering them as objects of charity to subjects with rights.
The Bahamas took the first step to adopt the UN’s Convention on the Rights of Persons with Disabilities with the enactment of the 2014 Persons with Disabilities (Equal Opportunities) Act. In section 3 ‘Guiding Principles’, the Act says: The United Nations Convention on the Rights of Persons with Disabilities shall inform decisions taken in the administration of this Act.

Mental ill health is considered a disability, as is physical ill health. While the 2014 Persons with Disabilities (Equal Opportunities) Act covers persons who may have or had a mental illness, it does not go into any detail regarding their health care nor did it offer any amendments to the current Mental Health Act.

Madam Speaker

I must say that the current Mental Health Act is not compliant with the UN’s convention on the rights of persons suffering from physical disabilities (CRPD) or other international conventions we signed on. It is based on outdated understanding of mental illness, it ignores advances in the care and treatment of mental illness, and denies the capacity of persons with mental illness to manage their personal affairs. It is discriminatory in that people with a mental illness are treated differently to people with a physical illness.

Madam Speaker

The aim of this new Mental Health Bill 2022 is to redress that inequity and promote and protect the rights of persons suffering from mental illness. The focus of this new mental health bill is to promote when possible community treatment along with voluntary admission to a mental health facility. The Bill also includes a provision that supports decision making for people with mental illness and the ability to appoint a

nominated representative to assist them with making appropriate decisions about their care and treatment.

Though not ideal, in the bill we incorporated important matters pertaining to the management of their personal and financial affairs as well as the establishment of a Mental Health Services Board and a Mental Health Review Tribunal.

Madam Speaker

As Minister I am fortunate to be surrounded by a cadre of professionals at my ministry, integrated with institutions and agencies that are committed to repealing and replacing the current 52-year-old Mental Health Act and to address the many challenges those suffering from mental illness face in our country.

Finally, as I take my seat, I wish to solute other Ministers of Health on both sides of the political divide for their contributions to this Bill. I wish to thank our Prime Minister, my cabinet colleagues and staff from my ministry for their full support. The Honorable Attorney General (AG) Ryan Pinder and his team at the Law Reform Commission as well as Dame Anita Allen for her many restless nights that brought us to where we are today and finally I would like to thank God for his guidance.

Madam Speaker

This state-of-the-art piece of legislation is not only progressive but leads the way globally. Therefore, I am indeed grateful as Minister of Health and Wellness in this new day government to lay for the first time in this honorable house this progressive Mental Health Bill 2022 aimed to repeal and replace the existing Mental Health Act 1969. I humbled for this opportunity to serve under the leadership of the Right Honorable Philip ‘Brave’ Davis and as promised in our Blue Print for Change to bring this piece of legislation to this honorable house that would both protect and improve the lives of our brothers and sisters who suffer from mental illness. Collogues, I look forward to your support during to the second reading and passing of this long awaited piece of legislation.
Thank you.

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