Skip to main content
Normal View

Mental Health Services

Dáil Éireann Debate, Tuesday - 22 February 2022

Tuesday, 22 February 2022

Questions (663)

Bernard Durkan

Question:

663. Deputy Bernard J. Durkan asked the Minister for Health if urgent assistance and treatment can be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [9047/22]

View answer

Written answers

Any voluntary patient has the right to leave hospital at any time and/or consent to or refuse treatment. Detention of any person without consent is a serious matter that it can only happen in accordance with the law – in this case, the Mental Health Act 2001.

Where a person is in the community, the process of involuntary detention under the 2001 Act is a three-step process. The first step requires an application, (which can be made by a spouse or relative, an authorised officer, a member of An Garda Síochána or any other person, subject to conditions set out in section 9(2) of the Act), followed by a recommendation by a GP that the person is suffering from a mental disorder and would benefit from a period of treatment in hospital. The third step is the requirement that the consultant psychiatrist, following an assessment, diagnoses the person as suffering from a mental disorder within the meaning of section 3 of the Act, and authorises the involuntary admission of the person. Upon admission of a patient on an involuntary basis, a second examination by an independent consultant psychiatrist takes place to affirm or refuse the order.

It is also important to mention that in addition to the requirement to follow clear admission statutory procedures, the Act also gives every detained person the right to automatically have their involuntary admission reviewed. This means that such admissions must be reviewed by a Mental Health Tribunal made up of three independently appointed persons. If the Mental Health Tribunal believes that the procedures for involuntary admission followed the law and that the person is suffering from a mental disorder, their decision will be to affirm the admission or renewal order. If, however, the Mental Health Tribunal decides that the criteria for detention are not fulfilled, the Tribunal will direct that the person be discharged. A lawyer is also appointed by the Mental Health Commission to represent the detained person, free of charge, at the Mental Health Tribunal hearing. The person may continue to stay in hospital as a voluntary patient, if that is their choice and further treatment is indicated. However, if they do not wish to remain, they must be discharged.

Under Section 28 of the Act, the consultant psychiatrist responsible for the care and treatment of an involuntary person must ensure that they are not inappropriately discharged and that they are detained only for so long as is reasonably necessary for their proper care and treatment.

I should also add that it is important to point out that it is only people who have been diagnosed as having a mental disorder that can be detained under the 2001 Act.

In addition to the present safeguards in the 2001 Act, I am pleased to say that a General Scheme of a Bill to amend the 2001 Act, based on the recommendations of an Expert Group Review of the Act, is currently undergoing pre-legislative scrutiny in the Oireachtas. The General Scheme was drafted following extensive consultation with key stakeholders, including the Mental Health Commission, the HSE, the College of Psychiatrists, and the Ombudsman for Children, and in light of the findings of a 2021 public consultation which received 100 submissions. The Scheme considers relevant legislation such as the Assisted Decision-Making (Capacity) Act 2015 and the Mental Health (Amendment) Act 2018, as well as Ireland’s commitments under international human rights instruments, such as the UN Convention on the Rights of Persons with Disabilities.

The intention of the changes proposed will be to strengthen the safeguards of persons liable to detention under the Act and ensure that the Act fully respects the autonomy of individuals who have capacity to make their own decisions regarding treatment. These changes and others, when included in revised mental health legislation, will further improve the protections available to mental health service users.

As the specific question the Deputy has raised is a service matter in relation to an individual case, I have asked the Health Service Executive to respond directly to the Deputy as soon as possible on this matter.

Top
Share