Dáil Éireann debate -
Thursday, 11 Nov 1999

Vol. 510 No. 5

Written Answers. - Mental Health Services.

Seán Ryan

Question:

56 Mr. S. Ryan asked the Minister for Health and Children the procedures in place to review the detention of patients detained under the Mental Treatment Acts, 1945 to 1961; when these reviews take place; when the last review was held in respect of the 72 patients held for more than 30 years; and if he will make a statement on the matter. [22863/99]

Minister for Health and Children (Mr. Cowen):

Under the Mental Treatment Act, 1945, a person may be admitted to a psychiatric hospital or unit and detained without his or her consent as a temporary patient or as a person of unsound mind. A temporary patient may not be detained for longer than six months in the first instance, but this period may be extended by further periods of six months, subject to a maximum of two years in total. A "person of unsound mind" is a person who requires detention for care and protection and who is unlikely to recover within six months. A person of unsound mind may be detained for an indefinite period. Under current legislation there is no system for the automatic review of a decision to detain a person in a psychiatric centre or any subsequent decision to extend detention. In practice, involuntarily detained patients are reviewed by their consultant psychiatrists who determine whether patients ought to be discharged or detained for a further period.

Any person may apply to the Minister for an order under section 222 of the Act for a detained patient to be examined by two medical practitioners, and on consideration of their report, I may direct the discharge of the patient. Any relative or friend of a person detained may make an application to the clinical director under section 220 of the Act for the discharge of a patient to his or her care. The application must be granted unless the clinical director is of the view that the person will not be properly taken care of or certifies that the patient is dangerous or otherwise unfit for discharge, in which event an appeal against refusal of the application lies to the Minister. A detained patient can challenge the lawfulness of his or her detention in the courts. Under Article 40.4.2º of Bunreacht na hÉireann a person may seek an order for his or her release on the grounds that the detention is unlawful.

In September 1999, I announced that the Government had approved the main features of the new Mental Health Bill, which will be published during the current Dáil session. The proposed Mental Health Bill will significantly reform the law in relation to persons involuntarily admitted for psychiatric care and treatment and will bring Irish mental health law into conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The new Bill will significantly improve the review procedures of detained patients and will provide for the establishment of an independent body, the Mental Health Commission, to ensure that the interests of persons with a mental illness or a mental disorder are protected and to oversee the process of independent review of involuntary admission to psychiatric centres by mental health tribunals. Each decision to involuntarily admit a person for psychiatric care and treatment will be reviewed automatically by an independent mental health tribunal, consisting of a lawyer and a consultant psychiatrist, operating under the auspices of the proposed Mental Health Commission. The review will be completed within 28 days of a person's involuntary admission. A decision of a tribunal to extend a period of involuntary admission beyond an initial term of 28 days may be appealed through the courts.