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Dáil Éireann debate -
Tuesday, 24 Jun 2003

Vol. 569 No. 3

Written Answers. - Mental Health Services.

Jan O'Sullivan

Question:

88 Ms O'Sullivan asked the Minister for Health and Children if his attention has been drawn to recent figures showing that mentally ill patients are almost three times more likely to be detained in psychiatric hospitals against their will, depending on the health board area in which they live; the steps he intends to take to ensure a common approach and application of the law in all parts of the country; and if he will make a statement on the matter. [17535/03]

The most recent statistics on activities in the Irish psychiatric services published by the Health Research Board reveal that 11% of all admissions to psychiatric hospitals and units are non-voluntary. I accept that this figure is high by European standards. However, the implementation of the provisions of the Mental Health Act 2001, which is planned to commence next year, is likely to reduce that figure.

When fully operational, the Mental Health Act 2001 will modernise Irish law in relation to involuntary detention of persons for psychiatric care and treatment. It is expected that, over time, this will bring about a reduction in the number of decisions by consultant psychiatrists to detain a person involuntarily and thus bring the rate for involuntary detention in this country closer to that pertaining in other European countries.

The Mental Health Commission is the main vehicle for the implementation of the provisions of the Mental Health Act 2001. When operational, the Act will significantly improve safeguards for mentally disordered people who are involuntarily admitted for psychiatric care and treatment. Under the provisions of the Act, each decision by a consultant psychiatrist to detain a patient for psychiatric care and treatment on an involuntary basis and each decision to extend the duration of such detention must be referred to the commission.

The commission will arrange for an independent review of all such decisions by mental health tribunals which will operate under its aegis. The tribunals will comprise a consultant psychiatrist, a lawyer and a lay person. The mental health tribunals will arrange, on behalf of the detained person, for an independent assessment by a consultant psychiatrist. The tribunals will be empowered to order the release of a patient if they consider that he or she does not require to be detained involuntarily. The commission will also operate a scheme to provide legal aid to patients whose detention is being reviewed by a tribunal.
I understand that the Mental Health Commission is aware of regional variations which exist in the rate of involuntary detention and will be examining the matter in the course of its work.
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