Ms Orla Keane:

We recently had a discussion with the Department of Health in regard to the legislation on deprivation of liberty. Perhaps those concerns relating people in nursing homes and such facilities might be differentiated from those involuntarily detained in approved centres or otherwise, and dealt with under that legislation. The commission has not particularly thought about that issue. However, I agree with my colleague that it should not be limited just to prisons.

I will take the opportunity to acknowledge that the issue about Garda stations is important to the commission. We have been in recent helpful discussions with the Garda about how their staff are operating certain sections of the Mental Health Act because the commission does not believe people who are suspected of having a mental disorder should be going into Garda stations. However, if they are to continue going in, we would welcome having somebody who would have an oversight of them going in. It is not an appropriate place. We would welcome oversight in relation to the Garda stations.

With regard to nursing homes, perhaps that category could be distinguished and might be better dealt with under the forthcoming, what originally was deprivation of liberty safeguards but they have kindly changed it to protection of liberty safeguards which is more appropriate. That would be our view on it.