asked the Minister for Health if it is intended to bring into operation the Mental Services Act, 1981; if not, if it is intended to introduce new legislation covering similar areas; if he will indicate the measures being taken to ensure that persons are not committed to psychiatric hospitals without due cause; and if he will make a statement on the matter.
Written Answers. - Mental Services Act, 1981.
39.
I propose to introduce new legislation to replace all the existing Acts governing psychiatric services. Under existing legislation there are a number of safeguards against the wrongful detention of patients, including (a) a patient has a right to have a letter forwarded to the Minister for Health, the President of the High Court, the Inspector of Mental Hospitals, the Registrar of Wards of Court and certain other bodies. The Minister and the President of the High Court may require the inspector to visit and examine a patient and to furnish a report; (b) the Inspector of Mental Hospitals has a duty to give special attention to the condition of any patient where the propriety of detention is doubtful or where he is requested by the patient, or any other person, to do so; (c) any detained person may apply to the Minister for an order for the examination of that person by two medical practitioners of the person's choice and, on consideration of their report, the Minister may direct the person's discharge; (d) there is a specific requirement that a patient who has recovered should be discharged; (e) penalties are imposed by the Acts for the detention of a person otherwise than in accordance with the provisions of the Acts.
New legislation will have regard to the rights of patients. In practical terms, however, I feel that the implementation of the plans now being developed for the reorganisation of the psychiatric services will make a greater contribution.