Ms Fiona Coyle:

The idea of an independent complaints model came out quite strongly in the HSE consultations. The optional protocol, which we have not ratified, in the Convention on the Rights of Persons with Disabilities, UNCRPD, gives a way for individuals to make complaints and hold the state accountable. The fact that optional protocol has not been ratified leaves a gap in the avenues for people living with disabilities to raise a complaint.

We have to acknowledge there are mechanisms for individuals to raise complaints through services. However, we have heard through our consultations, and the HSE consultations have heard similarly, there is some fear among the service users or the family members that raising complaints may have consequences for the future use of the services. We have to acknowledge there is a mechanism. What we would be looking at would be an independent body, almost like a ombudsperson for mental health.

Deputy Lahart made an interesting point about the gardaí. There are similar deprivations of liberty in other parts of other legislation, but an independent complaints body or mechanisms are there to ensure that legislation which can only be used in specific circumstances can be independently reviewed.

With regard to this legislation and other rights under the UNCRPD, that model would first look at those rights and then perhaps be extended more broadly. We can come back to Deputy Hourigan with more information about some best practices and how that would look.