Dáil Éireann Debate, Tuesday - 13 December 2005
175 Mr. Kenny asked the Tánaiste and Minister for Health and Children if she will initiate the review of the Mental Health Act 2001 as provided for in section 75 of the Act and as part of that review if an examination of alternatives to the proposed mental health tribunals will be arranged particularly in view of the inordinate delay in the establishment of such tribunals; and if she will make a statement on the matter. [39035/05]
View answer176 Mr. Kenny asked the Tánaiste and Minister for Health and Children if, in view of the delay in setting up the tribunals which were intended to review all involuntary detentions in approved psychiatric centres, she is satisfied that adequate systems are in place to protect the interests of persons who are involuntarily detained in such centres; and if she will make a statement on the matter. [39036/05]
View answerI propose to take Questions Nos. 175 and 176 together.
I am concerned about the delay in the establishment of the mental health tribunals as provided for in Part 2 of the Mental Health Act 2001. In this regard, protracted negotiations have taken place with consultant representative bodies involving my Department, the HSE and the Mental Health Commission with no satisfactory outcome to date. The Mental Health Commission has again advertised for the position of consultant psychiatrists on the tribunal panels and that of consultant psychiatrists to act as independent medical examiners. December 19 has been set as the deadline for receipt of applications. My Department, together with the Mental Health Commission, is exploring a number of options on the operation of the mental health tribunals and a decision on how best to proceed will be taken following the December 19 deadline.
The Mental Treatment Act 1945, has a number of safeguards to protect the interests of persons who are involuntarily detained. Such safeguards include the right of appeal, as appropriate, to the Minister, the President of the High Court, the Registrar of Wards of Court, the HSE or the Inspector of Mental Hospitals and the right to complain. There are no plans at this time to initiate a review as provided for in section 75 of the Mental Health Act 2001.
