The proposed relocation is against best international therapeutic practice and will alter the ethos and culture of the hospital. Moving the CMH to the site of the prison goes against best international practice. Professor Paul Mullen, a professor of forensic psychiatry at Monash University in Australia and clinical director of the Victorian Institute of Forensic Mental Health, in a presentation in our report given to the committee, makes a compelling argument based on best international practice and his own personal experience.
Professor Mullen described the necessary elements for a secure and properly-functioning hospital. These include the following: a context able to retain, restore and establish patients' social connections and functions; the ability to recruit and retain staff with the skills and knowledge to deliver the appropriate required care; and a therapeutic culture. The CMH has a strong therapeutic culture and ethos. Prisons operate on a custodial culture and ethos. This difference is a critical point regarding the CMH relocation plans. A therapeutic culture in the hospital is paramount to therapeutic best practice.
I will take the committee through the table on page 6 of our submission for a comparison of the therapeutic versus the custodial culture. In a prison prisoners are observed whereas in a hospital patients are encouraged to interact. In prison there is reward for conformity, whereas in a hospital there is reward for engagement. In a prison there is emphasis on behaviour; in a hospital there is emphasis on psychological readjustment. A prison is orientated towards immediate goals of institutional functioning, whereas a hospital is orientated towards a long-term goal of good social functioning. In a prison there is a unified approach and the perspective is authoritarian, in a hospital multiple professional approaches and perspectives are used. In a prison the physical structure constrains unwanted behaviour, in a hospital therapeutic interventions, and social and personal expectations constrain unwanted behaviour. In a prison the ultimate goal is prevention of anti-social and self-damaging behaviour during incarceration. In a hospital the ultimate goal is effective autonomous functioning. There are custodial staff in a prison — prison officers. In a hospital there are therapeutic staff — nurses.
The culture and ethos of a hospital are fundamentally different to that of a prison. Professor Mullen noted that despite the fact that the two facilities on the proposed Thornton Hall site will be separate, the custodial philosophy of the large prison would take over the therapeutic philosophy of a hospital. Practical issues such as staffing shortages in the hospital would lead to staff sharing facilities and the dominant culture will prevail. This is a negative lesson learned from international experience. We should learn from this experience and not repeat the mistakes made by others.
The loss of social and intellectual capital of CMH staffing is a critical factor to consider. The CMH facility in Dundrum comprises physical assets — its land and buildings. A more important asset is its social and intellectual capital, the human resources of the hospital which is its staff. This asset must be taken into account in any policy decision on relocating the hospital. The human resources of the hospital cannot be uprooted and relocated without serious loss.
The task of providing safe treatment for high risk patients in conditions of therapeutic security involves much specialised knowledge and skills. Over the years such expertise has been developed in Dundrum by clinicians, psychiatric nurses, social and care workers, occupational therapists and psychologists. These professionals work in multidisciplinary teams in the hospital to provide the range of specialist care needed. Forensic psychiatric care is specialised. It can be anticipated that a large portion of this intellectual capital will be lost with the proposed move to Thornton Hall. This is borne out by the experience of some specialised Government services which have been decentralised. We believe it is likely that at least 50% of the clinical and nursing staff in Dundrum may leave as a consequence of the relocation of their place of work to the other side of County Dublin. Such intellectual capital cannot be quickly replaced.
We also have concerns that the proposed move is in contravention of human rights obligations in the Constitution. We do not have time to fully explore human rights issues. We refer the committee to the United Nations International Covenant on Economic, Social and Cultural Rights which refers to "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health". Ireland has ratified this covenant which means that under international law the State is obliged to ensure the rights enshrined are guaranteed for all persons on its territory. These rights are now protected by the Constitution and the courts. We also refer the committee to the UN Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care which outlines the basic rights and freedoms of people with mental illness that must be secured if states are to be in full compliance with the covenant.
The Thornton Hall decision is contrary to Government policy outlined in A Vision for Change. The Government's template for mental health states "priority should be given to the care of individuals with severe and enduring mental illness in the least restrictive environment possible". Locating the hospital in the same complex as the country's largest prison is surely in direct contradiction to this stated principle.
The policy further states "forensic mental health units need to be clearly identified as being intervention and rehabilitation facilities that operate in particular conditions of security rather than facilities offering mainly containment". Locating the hospital in the prison complex sends signals of containment rather than treatment and rehabilitation, thus directly contravening the Government's own stated policy.
A Vision for Change states that forensic mental health services should have a strong community focus. Uprooting the hospital from the community where it is now naturally embedded and relocating it to a small dispersed community will deny that community focus to the country's only specialised psychiatric hospital. I refer to the maps at the back of the presentation which show the dispersed rural community in Thornton Hall. This represents a further discrepancy between the Government's stated policy and the likely outcome of its decision to relocate the hospital.