Dáil Éireann Debate, Thursday - 8 July 2021
106. Deputy Paul Murphy asked the Minister for Justice her views on comments by the Mental Health Commission on the rise in applications by An Garda Síochána to detain persons in psychiatric care against their will; if she will request a report from An Garda Síochána on this issue; and if she will make a statement on the matter. [36752/21]
Amharc ar fhreagraI am aware of the annual report of the Mental Health Commission and the use of section 12 of the Mental Health Act by An Garda Síochána. As the Deputy will understand, the proportion of applications for involuntary detention reflects the unfortunate reality that Gardaí often encounter persons with severe mental health issues and will be called upon by members of the public or indeed family members where a person is experiencing high levels of distress. Very often, members of An Garda Síochána are the first available frontline service to whom people will turn in such situations.
I know that an application for involuntary detention is never made lightly and takes full account of An Garda Síochána‘s obligation to protect the human rights and welfare of individuals and communities. The only statutory option available to Gardaí responding to persons in a mental health crisis and potentially posing a risk of harm to themselves or others is to invoke Section 12 of the Mental Health Act, 2001. Section 12 requires Gardaí to take the person into custody in order to have them assessed by a registered medical practitioner.
The Commission on the Future of Policing in Ireland stated that societal-wide issues such as the mental health of individuals are not the responsibility of An Garda Síochána alone. The Commission recommended the establishment of multi-agency teams that would include Gardaí to respond to the needs of individuals with mental health issues. A pilot mental health crisis intervention team is being prepared in Limerick Garda Division. This pilot project is being progressed in close collaboration with the HSE and it is hoped to begin the rollout of the pilot team early next year.
As the Deputy will be aware, my colleague the Minister for Health is progressing legislation to amend the Mental Health Acts 2001-2018. This legislation will update powers relating to involuntary detention by members of An Garda Síochána and will provide for a code of practice on the powers of Gardaí under the Act to be introduced. I understand that the draft heads of this legislation have been drafted following consultation with key stakeholders, including mental health experts, the Mental Health Commission and the public.
The issue of mental health is a priority area for me and the Department of Justice. The Deputy may be aware of the newly established high level Task Force established by Minister Helen McEntee in April this year. Kathleen Lynch, former Minister of State for Primary Care, Mental Health and Disability was appointed as independent chair.
The establishment of the Taskforce is further to the Government’s commitment to ensure the critical mental health needs for people interacting with the criminal justice system are met in order to ensure improved outcomes for individuals and society and is a key goal of the Justice Plan 2021.
The Taskforce has met twice and set up a number of subgroups to consider the complex cross government and agency issues involved including how An Garda Siochána could implement a diversion policy for use in suitable cases. The Taskforce will report to the Minister for Justice and Minister for Health on progress by the end of September and will publish a high level implementation plant by the end of this year.
