Dáil Éireann Debate, Tuesday - 23 June 2015
414. Deputy Willie Penrose asked the Minister for Health the options available under the Mental Health Treatment Act 2004, as amended, in respect of a person who is suffering severe mental health difficulties, including schizophrenia, in terms of involuntary admission to a psychiatric hospital, to enable appropriate treatment to be affected; and if he will make a statement on the matter. [24643/15]
View answerMost people who have mental health problems are treated without going into hospital. Many people are treated by their GP while others are referred on to specialist mental health services where appropriate. Where hospitalisation is deemed necessary, most patients voluntarily admit themselves to an inpatient psychiatric unit for treatment. However, the Mental Health Act 2001 also allows for the involuntary admission of people who are assessed as having a mental disorder as defined in section 3 of the act.
A person can only be admitted against his/her will if it is thought they meet the criteria for involuntary admission. These criteria are set out in the act to make sure people are only admitted involuntarily if this is absolutely necessary.
Section 9 of the act sets out those who may apply for the involuntary admission of a person. Following the making of an application, a registered medical practitioner must then examine the person and if he/she believes the person meets the criteria for involuntary admission, they will make a recommendation for admission to hospital. The person will then be removed to a psychiatric unit (approved centre) for further examination by a consultant psychiatrist. If the consultant believes that the person meets the criteria for involuntary admission, then he/she will sign an admission order for the person concerned. If the consultant does not believe the person has a mental disorder, he/she will not sign the admission order and the person will be free to leave. The person may, however, choose to stay in the unit as a voluntary patient.
All people admitted on an involuntary basis have a right to have their admission or renewal order reviewed by a mental health tribunal to ensure that the rights of the patient are fully protected.
The Deputy will be aware that an Expert Group review of the Mental Health Act 2001 was published in March. I will shortly be seeking Government approval to prepare the General Scheme of a Bill to reflect the recommendations of the review in revised mental health legislation.
