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Dáil Éireann debate -
Thursday, 16 Feb 1961

Vol. 186 No. 4

Ceisteanna—Questions. Oral Answers. - Discharge of Mental Hospital Patients.

4.

asked the Minister for Health if he will take steps to allow mental patients, certified as fit, to apply for their own discharge from mental institutions, as it is alleged that in many cases their kin refuse to claim them out and that they are thus prisoners without trial or sentence.

The Deputy's question seems to be based on a misunderstanding of the position. Sections 217 and 218 of the Mental Treatment Act, 1945, expressly provide that a patient who has recovered must be discharged.

It is understood that the term "claiming out" is commonly used in the sense of accepting responsibility for a patient. Thus the question arises only in cases where patients are not sufficiently well to manage outside the hospital without help, but are sufficiently improved to be discharged on trial if some suitable relative, or other person is prepared to accept responsibility for their welfare. Mental hospital authorities endeavour to persuade relatives to accept such responsibility, but unfortunately in many cases without success.

The Minister actually contradicts himself. First he says they can be released; then he goes on to say they can be released only on condition that some of their family will accept them. Is that not the essence of the Minister's reply?

I shall repeat the reply:

The Deputy's question seems to be based on a misunderstanding of the position. Sections 217 and 218 of the Mental Treatment Act, 1945 expressly provide that a patient who has recovered must be discharged.

It is understood that the term "claiming out" is commonly used in the sense of accepting responsibility for a patient. Thus the question arises only in cases where patients are not sufficiently well to manage outside the hospital without help—

That is to say, they are not fully recovered.

—but are sufficiently improved to be discharged on trial if some suitable relative, or other person is prepared to accept responsibility for their welfare. Mental hospital authorities endeavour to persuade relatives to accept such responsibility, but unfortunately in many cases without success.

I still say there is a catch in it. I have a letter from a man named Fletcher who says he is certified as well but that his family will not claim him. Will the Minister investigate the case of Fletcher in St. Brendan's Hospital?

If the Deputy did not want to make publicity out of that he would have written to me and I would have investigated it.

There may be other cases.

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