Dáil Éireann Debate, Thursday - 8 July 2021
107. Deputy Gino Kenny asked the Minister for Justice the details of any meetings or contact she has had with the Mental Health Commission on its concerns over the rise in applications by An Garda Síochána to detain persons in psychiatric care against their will; and if she will make a statement on the matter. [36754/21]
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.
The Deputy will be aware of the establishment of the Mental Health Task Force, which brings together senior officials from my Department, the Probation Service, the Irish Prison Service, An Garda Síochána the Department of Health and the HSE, the Central Mental Hospital, the Department of Housing and the Department of Children, Equality, Disability, Integration and Youth.
This Task Force is a commitment in the Programme for Government and is considering how best to care for people with mental health issues who come into contact with the criminal justice system. It is chaired by Ms. Kathleen Lynch, former Minister of State with responsibility for primary care, mental health and disability and I am extremely grateful to Kathleen for agreeing to serve, given her longstanding interest in this area.
The group has established a number of sub-groups which are focusing in the first instance on effective diversion from the criminal justice system; along with capacity levels in the Central Mental Hospital and the Irish Prison Service; and also at community care and through-care from custody. As part of their consultations with stakeholders, the Task Force will engage with the Mental Health Commission on this very important issue.
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.
Members of An Garda Síochána receive training in mental health issues as part of their recruit training and through continuous professional development training delivered throughout their career.
As the Deputy may be aware that the Commission on the Future of Policing in Ireland concluded that societal issues such as the mental health of individuals should not be the responsibility of An Garda Síochána alone and 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 crisis intervention team is being developed in the Limerick Garda Division. This pilot is being progressed in close collaboration with the HSE and it is hoped to begin the rollout of the pilot team early next year.
