I propose to take Questions Nos. 1112 to 1116, inclusive, together.
The principal functions of the Mental Health Commission are specified in Section 33 of the Mental Health Act 2001. This includes the appointment of persons to be members of mental health tribunals, the establishment of a panel of consultant psychiatrists to carry out independent medical examinations under Section 17 of the Act and the provision of a scheme for the granting of legal aid.
The Mental Health Commission appoints three people to a mental health tribunal. Of the members of a tribunal, one must be a consultant psychiatrist, one must be a practising barrister or solicitor who has had not less than 7 years’ experience as a practising barrister or solicitor ending immediately before such appointment and one must be a person other than a person referred to above or a registered medical practitioner or a registered nurse.
There are 96 consultant psychiatrists, 94 Barristers or solicitors and 79 other persons on a panel to provide the membership of a mental health tribunal. Fees for serving on a mental health tribunal are as follows:
Tribunal member
|
Fee Per case
|
Consultant psychiatrists
|
€382
|
Barristers or solicitors (Chair)
|
€574
|
Other persons
|
€287
|
A consultant psychiatrist is defined in Section 2 of the Act as a consultant psychiatrist who is employed by a health board or by an approved centre or a person whose name is entered on the division of psychiatry or the division of child and adolescent psychiatry of the Register of Medical Specialists maintained by the Medical Council in Ireland.
Appointment to mental health tribunal panels is for a period not exceeding three years, in accordance with Section 48 of the Act, by way of public competition. The Mental Health Commission establishes panels for mental health tribunals every three years. All people who meet the eligibility criterion laid down in the statute may apply. The term of office of the persons appointed to the current mental health tribunal panels on contracts for services expires on 31 October 2019.
In addition to the Tribunal panel, there are 119 consultant psychiatrists on the panel to provide independent medical reports pursuant to Section 17 of the Act. The fee for an independent medical report which must be provided for the consideration of a mental health tribunal is €477.