Dáil Éireann díospóireacht -
Wednesday, 10 Mar 1993

Vol. 427 No. 7

Written Answers. - Mental Health Legislation.

Liz O'Donnell

Ceist:

52 Ms O'Donnell asked the Minister for Health when he proposes to introduce legislation to up-date the Mental Treatment Act, 1945; and if he will provide a charter of rights for patients now discharged from long term psychiatric care into the community.

Charles Flanagan

Ceist:

157 Mr. Flanagan and Mr. J. Bruton asked the Minister for Health when the promised legislation to amend the Mental Treatment Act, 1945, will be introduced; and if he will give details of its scope, cost and purpose.

Minister for Health (Mr. Howlin)

I propose to take Questions Nos. 52 and 157 together.

A Green Paper on the development of services for the mentally ill and new mental health legislation was launched in June 1992. The Green Paper was circulated widely to provide an opportunity for interested parties to submit views on new mental health legislation proposals. To date my Department has received approximately 100 submissions on the Green Paper and these submissions are currently being examined to establish the broadest possible degree of consensus in relation to proposals for new legislation.

It is proposed that new mental health legislation would provide,inter alia, for a review of every decision to detain a mentally ill person for treatment and for a review of long term detentions; set down the criteria and procedures to be followed in detaining a mentally ill person, and specify the length of such detention and the safeguards to protect the right of mentally ill patients to give informed consent to treatment. It is my intention to bring forward proposals to Government for new mental health legislation as soon as possible.

The costs associated with the introduction of new mental health legislation will not become apparent until new legislative provisions have been drafted following consideration of the proposals by Government.

I am committed to bringing forward a Charter of Rights for the mentally ill as promised in the Programme for a Partnership Government. This charter will safeguard the rights of patients in mental hospitals and ensure that high standards of care are maintained. The charter will also safeguard the rights of discharged hospital patients who remain in the care of community based psychatric services.