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Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Written Answers. - Mental Treatment Act.

Jimmy Deenihan

Question:

582 Mr. Deenihan asked the Minister for Health and Children if he will amend the Mental Treatment Act, 1945 in view of the difficulties which it is posing for the Garda Síochána; and if he will make a statement on the matter. [1702/98]

Under the Mental Treatment Act, 1945 — as amended — a member of an Garda Síochána may remove to a Garda station a person believed to be of unsound mind who should for public safety or the safety of the person himself or herself, be placed under care and control. The Act also provides for members of an Garda Síochána to assist in conveying a patient, the subject of an application for detention of a person of unsound mind, to a psychiatric hospital or unit, however the gardaí are not empowered to assist with the conveyance of persons who are the subject of applications for temporary detention orders. I am aware that these provisions pose difficulties particularly where problems are encountered in conveying a person who is the subject of an application for a temporary detention order to hospital.

New mental health legislation, currently being prepared by the parliamentary draftsman, will set out clearly the precise role of an Garda Síochána in assisting, where necessary, health professionals in ensuring that persons who need to be detained are conveyed to hospital with the minimum delay.
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