Dáil Éireann Debate, Wednesday - 27 May 2020
515. Deputy Catherine Connolly asked the Minister for Health the number of times a mental health tribunal of one member has been appointed pursuant to section 48(3)(a) of the Mental Health Act 2001 as amended; the number of times a mental health tribunal consisting of one member has sat; and if he will make a statement on the matter. [7122/20]
Amharc ar fhreagraThe Mental Health Commission has confirmed that as of 14 May, no one-person tribunals have taken place under the amended Act.
Under section 48 of the Mental Health Act, 2001, Mental health tribunals review the admission or renewal order of an involuntarily detained patient. Tribunals are comprised of three people (a chair, who is a solicitor or barrister, a consultant psychiatrist and a lay person.) In making its decision, a tribunal reviews the order, the patient's record, input from the patient or a legal representative, input from the patient's consultant psychiatrist and a report from an independent consultant psychiatrist, who examines the patient and interviews the responsible consultant psychiatrist.
The amendments to the 2001 Act, which were the result of detailed consultation by the Department with the Mental Health Commission and the HSE, were necessary to ensure that the rights of involuntarily detained patients under the 2001 Act would continue to be vindicated in the current public health emergency.
The Emergency Measures in the Public Interest (Covid-19) Act 2020 introduced a "cascading" approach to provisions under section 48 of the 2001 Act. Under the new, temporary measures, every effort is made to maintain three-person tribunals, including remote working. However, in circumstances where three-person tribunals cannot take place due to the ongoing Covid-19 pandemic, one-person tribunals, comprised of the Chairperson, are provided for. The amendments retain the key features of the tribunal process - independent legal representation, report by an independent consultant psychiatrist and an independent review of the patient’s detention.
