Dáil Éireann Debate, Tuesday - 12 February 2013
706. Deputy Clare Daly asked the Minister for Health his plans to investigate the role played by consultant psychiatrists and medical staff in having people incarcerated into mental institutions for deviant behaviour in the 1950s and 1960s, when medically there was nothing wrong with them; and the way redress and an apology can be delivered to these victims and their families. [7198/13]
View answerI have no plans to carry out an investigation along the lines suggested by the Deputy. The Involuntary admission of persons to a psychiatric hospital or unit in the 1950's and 1960's was governed by the 1945 Mental Treatment Act. The 1945 Act allowed for the admission and detention without their consent, of a person as a 'temporary patient' or a 'person of unsound mind' following an application received and accompanied by a medical certificate, signed by a doctor and on foot of a reception order signed by a consultant psychiatrist.
There were no provisions in the 1945 Act for an automatic right of appeal to an independent judicial body against a person's involuntary detention in a psychiatric hospital. However, the Act did provide patients with the right to write a letter to the Minister for Health & Children, the Inspector of Mental Hospitals or the President of the High Court. It also required the Inspector of Mental Hospitals, in the course of his inspections, to visit any patient "the propriety of whose detention he had reason to doubt".
The Mental Health 2001 Act significantly modernised procedures relating to involuntary admission by establishing for the first time independent Mental Health Tribunals which review, and affirm or revoke detention orders. Patients now have the right to be heard and to be legally represented at the Tribunal.
The Mental Health Act 2001, is being reviewed at present in line with the commitment contained in the Programme for Government to review the Act "informed by human rights standards and in consultation with service users, carers and other stakeholders" and the Government and I attach great importance to the review. A Steering Group established in 2011 to oversee the first part of the review published their Interim Report on 21 June 2012 and this is available on my Department's website. In August last year, I announced the membership of an Expert Group to carry out the second and substantive phase of the review. The Expert Group is continuing its deliberations and is expected to produce its report in quarter 2 2013.
