Oireachtas Joint and Select Committees

Tuesday, 8 February 2022

Joint Committee On Health

General Scheme of the Mental Health (Amendment) Bill 2022: Discussion (Resumed)

Photo of Neasa HouriganNeasa Hourigan (Dublin Central, Green Party) | Oireachtas source

I am sorry to cut across Dr. Doherty. I am trying to get a correct sense of this. Obviously, the Medical Council is not a court. Where there has been a breach that has had a serious impact on somebody's human rights, physical well-being or mental well-being, that can become a criminal matter. I am not speaking specifically about this jurisdiction, but we have seen medical professionals prosecuted for various transgressions that meet a criminal bar. I am just trying to understand where the seclusion aspect meets that criminal bar. We are not suggesting that the decision-making there would be vested in the Medical Council. Dr. Doherty's point is more that any issues of legality or criminal matters should be overseen by the Oireachtas.

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