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Mental Health Commission

Dáil Éireann Debate, Tuesday - 13 July 2021

Tuesday, 13 July 2021

Questions (67)

Mark Ward

Question:

67. Deputy Mark Ward asked the Minister for Health his views on the report by the Mental Health Commission (details supplied) that states the highest number of applications to involuntarily detain persons that came from An Garda Síochána; the training that is in place; the interaction his Department has had with the Department of Justice on this issue; and if he will make a statement on the matter. [36579/21]

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Written answers

The Annual Report of the Mental Health Commission set out that in 2020 there were 2,432 admission orders issued, of which 1,919 were involuntary admission orders and 513 related to admission orders that required a change from voluntary to involuntary status.  It should be noted that the figures relate to the number of admission orders issued rather than the number of people admitted on an involuntary basis.

Of the 1,919 involuntary admission orders issued, 32% were by members of An Garda Síochána, 29% were by a spouse, civil partner or relative, 13% were by Authorised Officers of the HSE, and 26% were by other persons.  The Deputy should note that 'other persons' may include doctors in an emergency department.

Under Section 9 of the Mental Health Act 2001, members of An Garda Síochána, along with authorised officers, family members or other relevant persons (such as neighbours or friends) may make an application for involuntary detention. Section 12 of the Mental Health Act 2001 provides for a member of An Garda Síochána to take a person into Garda custody if the Garda believes the person is suffering from a mental disorder.

The Commission highlighted that there had been an increase in the use of Section 12. While the cause of this increase is not known, the Department is generally in favour of the limited use of Section 12 to detain people because being taken into Garda custody can have a traumatising effect on people. The HSE has requested clarity from the Commission on the number of applications made by Gardaí, particularly a breakdown between the use of Section 9 and Section 12.

As the Deputy will understand, the proportion of applications for involuntary detention reflects the unfortunate reality that Gardaí often encounter persons with severe mental health issues and will be called upon by members of the public or indeed family members where a person is experiencing high levels of distress.  Very often, members of An Garda Síochána are the first available frontline service to whom people will turn in such situations.

The Department of Health is currently finalising a draft general scheme to significantly amend the Mental Health Act 2001, including proposed changes to the admission process and an updated criteria for detention.  Work on updating the Mental Health Act has been in development for the last number of years. The draft general scheme is generally in line with the recommendations of a 2015 Expert Group review of the Act. This Expert Group made 165 recommendations on a range of different issues/sections of the legislation, including a change to Section 12, with a greater role for Authorised Officers. The Expert Group recommended that, in future, Authorised Officers should be the only group allowed to make an application for involuntary detention under Section 9 of the Act, and in cases where a person is taken into Garda custody under Section 12, an Authorised Officer would have to be contacted immediately to assess whether or not an application for involuntary detention should be made. These have been taken into account during the finalisation of the draft heads.

In addition to these recommendations, the Department has carried out extensive consultation over the past few years, including a recent public consultation which received 100 submissions, and extensive engagement with key stakeholders such as the HSE and the Mental Health Commission. 

The General Scheme was approved by Cabinet today and will be published this month. The bill will then be drafted by the Office of the Attorney General with a view to introducing the legislation to the Oireachtas as soon as possible.  

As the Deputy will be aware, the Department of Justice established a High Level Cross-Departmental and Cross Agency Task Force, which brings together senior officials from the Department of Justice, the Probation Service, the Irish Prison Service, An Garda Síochána, the Department of Health and the HSE, the Central Mental Hospital, the Department of Housing and the Department of Children, Equality, Disability, Integration and Youth.  This Task Force is a commitment in the Programme for Government and is considering the mental health and addiction challenges of those imprisoned, and primary care supports on release.  It is chaired by Ms Kathleen Lynch, former Minister of State with responsibility for Primary Care, Mental Health and Disability. The group has established a number of sub-groups which are focusing in the first instance on effective diversion from the criminal justice system; along with capacity levels in the Central Mental Hospital and the Irish Prison Service; and also at community care and through-care from custody.   

Applications for involuntary detention are never made lightly and applications made by any member of An Garda Síochána take full account of An Garda Síochána‘s obligation to protect the human rights and welfare of individuals and communities. The only statutory option available to Gardaí responding to people in a mental health crisis and potentially posing a risk of harm to themselves or others is to invoke Section 12 of the Mental Health Act, 2001.  Section 12 requires Gardaí to take the person into custody in order to have them assessed by a registered medical practitioner.

The Department of Justice has confirmed that all trainee Gardaí are trained over two days in an internationally recognised Applied Suicide Intervention Skills Training (ASIST) workshop which is delivered in collaboration with the HSE.  This workshop is a suicide first aid programme which equips trainee Gardaí with the necessary skills to discuss suicide with a person at risk and to make an intervention to reduce immediate risk of suicide if necessary. Trainee Gardaí also study the Mental Health Act 2001 and the procedures that are required if they have to invoke their powers.

As part of the Continuous Professional Development core programme for operational members, An Garda Síochána has provided training on awareness of mental health difficulties in keeping with the Mental Health Act 2001. The programme also covers types of mental health difficulties, Garda powers and procedures, and the transportation of people in mental health crisis.

As the Deputy may also be aware, the Commission on the Future of Policing in Ireland concluded that societal issues such as the mental health of individuals should not be the responsibility of An Garda Síochána alone and the Commission recommended the establishment of multi-agency teams that would include Gardaí to respond to the needs of individuals with mental health issues.  A pilot crisis intervention team is being developed in the Limerick Garda Division. This pilot is being progressed in close collaboration with the HSE and it is hoped to begin the rollout of the pilot team early next year.

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