Dáil Éireann debate -
Tuesday, 11 Feb 2003

Vol. 561 No. 1

Written Answers. - Mental Health Services.

Eamon Ryan

Question:

129 Mr. Eamon Ryan asked the Minister for Health and Children his plans to promote the adoption of mental health legislation to provide a statutory right to the best available mental health care to all, as advocated by the World Health Organisation and Amnesty International; and if he will make a statement on the matter. [3469/03]

Eamon Ryan

Question:

154 Mr. Eamon Ryan asked the Minister for Health and Children his views on the fact that basic human rights are implied when speaking of mental health care; his views on Ireland's failure to comply with these rights as recorded in many national and international reports; and if he will make a statement on the matter. [3468/03]

John Perry

Question:

185 Mr. Perry asked the Minister for Health and Children his plans to promote the adoption of mental health legislation to provide a statutory right to the best available mental health care to all, as advocated by the World Health Organisation and Amnesty International; and if he will make a statement on the matter. [3446/03]

Olivia Mitchell

Question:

361 Ms O. Mitchell asked the Minister for Health and Children his plans to promote the adoption of mental health legislation to provide a statutory right to the best available mental health care to all, as advocated by the World Health Organisation and Amnesty International; and if he will make a statement on the matter. [3478/03]

Minister of State at the Department of Health and Children (Mr. T. O'Malley):

I propose to take Questions Nos. 129, 154, 185 and 361 together.

The Mental Health Act 2001 represented the first significant reform of mental health legislation in this country for over 50 years. Its purpose was to update legislation concerning the involuntary detention of persons for psychiatric care and treatment and to establish mechanisms by which the standards of care and treatment provided in the mental health services would be supervised and regulated. When fully implemented, the Mental Health Act 2001 will bring Irish mental health law fully into conformity with the European Convention on Human Rights and into line with international best practice in the field.

While the Act does not expressly provide a statutory right to mental health care, it contains many positive provisions which improve the rights of patients. These provisions have been warmly welcomed by Amnesty International in its report, published yesterday. In the report, Amnesty notes that the Act expressly provides for the right to information about the circumstances of a detention and any proposed treatments. It also provides that a patient must be informed about their right to a review of their detention, their right to legal representation and the right to legal aid where appropriate.

The main vehicle for the implementation of the Mental Health Act 2001 will be the Mental Health Commission. The commission's primary function is to promote and foster high standards and good practices in the delivery of mental health services and to ensure that the interests of detained persons are protected. The establishment of the commission in April 2002 is also welcomed by Amnesty in its report.