Dáil Éireann Debate, Wednesday - 1 June 2016
157. Deputy Pat Buckley asked the Minister for Health if he is aware of the historical allegations of physical and sexual abuse at a hospital (details supplied), particularly those raised by Templemore Forgotten Victims, and a person (details supplied); his plans to appoint a panel to investigate these allegations; and if he will make a statement on the matter. [13911/16]
View answerI am not aware of any recent contact with or correspondence to my Department from the person concerned.
However, I understand that correspondence was received by the then Minister for Health and Children back in 2012 regarding this person and others who had concerns about their general treatment in psychiatric hospitals in the past.
I understand that the person was advised of the response received by the HSE in relation to her specific case at that time and that she was also advised that if she considered that a criminal offence was committed against her while she was a patient, then it is open to her to make a complaint to An Garda Síochána for investigation, should she wish to do so.
On the more general point, I should also add that the involuntary admission of persons to a psychiatric hospital or unit in the 1950s and 1960s 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.
I would acknowledge that there were no specific 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, 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 Deputy will be aware that the Mental Health Act 2001 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.
In addition, following the publication in 2015 of the Expert Group Review of the Mental Health Act 2001, work is underway at official level on the preparation of the General Scheme of a Bill to revise the 2001 Act on the basis of the recommendations of the Expert Group. An initial draft of the Bill is likely to be completed by year end.
