Vol. 491 No. 7
161 Ms Shortall asked the Minister for Health and Children if he will make a statement on the responsibilities of the Garda Síochána in relation to the admission of mentally disturbed persons and the compulsory admission procedures of the Mental Treatment Act, 1945; and if will instruct the Inspector of Mental Hospitals to make a special review of procedures in all of the mental health services. [13201/98]
Under the Mental Treatment Act, 1945 and amending legislation a member of an Garda Síochána may remove to a Garda station a person believed to be of unsound mind who should for public safety or the safety of the person himself or herself, be placed under care and control. Once removed to the Garda station, the member of the Garda Síochána shall apply to a registered medical practitioner for a recommendation for the detention of the person as a person of unsound mind in a district mental hospital. The Act also provides for members of an Garda Síochána to assist in conveying to hospital a patient the subject of an application for detention of a person of unsound mind. However, the Garda are not empowered to assist with the conveyance of persons who are the subject of applications for temporary detention orders.
New mental health legislation, currently being prepared, will set out clearly the precise role of an Garda Síochána in assisting, where necessary, health professionals in ensuring that persons who need to be detained are conveyed to hospital with the minimum delay. The publication of the Green Paper on Mental Health in 1992 identified issues to be addressed in new mental health legislation, including procedures relating to involuntary admission to psychiatric in-patient facilities. A lengthy consultative process followed which led to the publication of the White Paper — A New Mental Health Act in 1995. The White Paper outlined, in general terms, the content of new mental health legislation following the consideration of views of interested parties. In the circumstances a further review of procedures as requested by the Deputy would not be warranted.
