Ms Orla Keane:

First, I wish to extend the apologies of our chief executive who is unable to attend due to an unexpected issue at the last minute.

The Mental Health Commission welcomes the opportunity to be here today. As members may be aware, the commission is the regulator for mental health services, and it carries out inspections in relation to mental health services. It also organises tribunals to independently review those who are involuntarily detained. It is important to note that the inspector has the right to visit any resident at any time as part of an inspection, but also has an obligation to visit any resident who requests a visit.

By way of assistance to the committee we have included a paragraph by way of explanation of how many people are detained under the mental health Acts. In 2021, for example, 3,759 involuntary detention orders were made. Each and every one of those is reviewed within 21 days. They are reviewed by an independent body made up of three people - a chair, a consultant psychiatrist and what is referred to in the legislation as a lay member. This is a key part of the 2001 legislation in vindicating the rights of persons who are involuntarily detained. The commission limited its submission to Part 3 of the general scheme. It welcomes the intent. It notes that the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, CPT, in its report in 2019 stressed the fact that legislation had not been progressed in regard to NPMs. It is a good thing that we are here today and that that has progressed.

The commission also welcomes the proposal for the national preventive organisations and also the proposal that the Irish Human Rights and Equality Commission, IHREC, would be the co-ordinating body, given its resources and skills.

The commission has noted that there are some gaps in the legislation. We have had access to the submission of at least one other party and we noted that it has identified similar gaps. We accept that this is the early stage and perhaps some of those gaps will be filled during the course of the draft.