Dáil Éireann debate -
Tuesday, 2 Mar 1999

Vol. 501 No. 3

Written Answers. - Psychiatric Committal System.

Alan Shatter

Question:

251 Mr. Shatter asked the Minister for Health and Children if his attention has been drawn to the fact that the psychiatric committal system operated under the Mental Treatment Act, 1945, has collapsed and that the gardaí are not prepared to co-operate in the transfer of patients to hospital for whom papers have been signed to be detained under section 184 of the Act; and the steps, if any, he will take to address this difficulty. [6141/99]

Minister for Health and Children (Mr. Cowen)

I do not accept that the psychiatric committal system operated under the Mental Treatment Act, 1945 has collapsed.

The Mental Treatment Act, 1945, as amended by subsequent Acts, lays down detention procedures for persons with mental disorder under three categories; either as a temporary patient, a person of unsound mind or an addict. Briefly the procedures governing the involuntary admission of a patient to a psychiatric hospital or unit are as follows. In the first instance an application for a person to be admitted as an involuntary patient is completed, normally by a spouse or relative of the patient. The application must be made to the person in charge of the hospital and be accompanied by a recommendation from a registered medical practitioner that following examination, in his or her opinion, the person meets the criteria for involuntary admission. In the case of a private patient, two medical practitioners must certify, following separate examinations, that the person meets the criteria for involuntary admission. The decision to make an involuntary admission order on the basis of the application and accompanying certificate from one or two medical practitioners is a clinical decision taken by a medical officer in the psychiatric hospital or unit. I am satisfied that these procedures are operating satisfactorily.

The powers of the gardaí under the Mental Treatment Act are limited to assisting in the conveyance of a patient who is the subject of an application for detention as person of unsound mind in accordance with section 169 of the Act. Section 184 relates to the making of an application for a temporary involuntary admission order and in such cases the gardaí are not empowered to provide assistance in the conveyance of the person to hospital. In normal circumstances the applicant would accompany the person to hospital. Where the applicant is unable to convey the person to hospital, nursing staff of the hospital where the person is to be conveyed usually provide assistance. I am aware, however, that some nursing staff in one health board are refusing to assist in the conveyance of patients to hospital. In such cases, other health professional staff assist in the conveyance of patients as the need arises.

New mental health legislation, currently being prepared in the Office of the Attorney General, will empower the Garda Síochána to assist, where necessary, health professionals in ensuring that persons who need to be detained are conveyed to hospital with the minimum delay.