Finian McGrath
Question:379. Deputy Finian McGrath asked the Minister for Health the position regarding a domestic situation (details supplied) in Dublin 5; and if he will make a statement on the matter. [43022/14]
View answerTuesday, 11 November 2014
Questions (379)
Written answers
The Mental Health Act 2001 is the key piece of legislation regarding the rights of people involuntarily detained and treated in approved centres within our mental health services.
For a person to be legally detained under the Act, that person must have a mental disorder as defined in section 3(1) of the Act. Only those who are formally diagnosed with a mental disorder by a Consultant Psychiatrist may be detained under the Act.
Section 8(2) of the Act specifically prohibits the detention under the Act of individuals who suffer from a personality disorder, are socially deviant, or are addicted to drugs or intoxicants. Where individuals with such conditions are also diagnosed with a mental disorder, then they may be subject to detention but only because of the presence of a mental disorder.
While the Expert Group review of the Mental Health Act is to be completed in the coming weeks, I have no expectation that a change along the lines proposed will be recommended in the review. I would not accept that individuals with addiction problems should be treated without their consent unless there is also a diagnosis of a mental disorder by a Consultant Psychiatrist.
Treatment is of course available to individuals with addiction in the normal way.