Oireachtas Joint and Select Committees

Tuesday, 18 October 2022

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Inspection of Places of Detention Bill 2022: Discussion

Ms Orla Keane:

On the commission's relationship with HIQA, it is a good one. Last year, we published joint standards in relation to children. There is a memorandum of understanding between the organisations. It arises, in particular, in relation to community facilities. For example, HIQA might identify that most of the people in a community facility are there because of mental health issues and it should probably come within the remit of the commission, andvice versa. There is a very good relationship there in trying to identify that. If there is a facility that should be looked after by the Mental Health Commission, then the commission can look at the appropriate resources required and vice versa. That is important. I should add that my comment earlier in relation to the protection of liberty safeguards was very much limited to nursing homes. Obviously, if there is any facility where people are detained on an order from the court, those facilities should come within this legislation. As the Deputy knows, our inspector is currently preparing a report on CAMHS. There are a certain limited number of children detained under the Mental Health Act. Many of those might cross-refer to children detained under the child care legislation. Again, it is very important that there be more oversight. We have sought more oversight and input in relation to the area of children in the amendment to the Mental Health Act, because the inspector's role is very limited. Finally, I should say that the inspector's powers under the Mental Health Act are in fact quite broad, and probably slightly broader than HIQA's. Interestingly, they are both regulatory regimes under legislation which are not very far apart in terms of years. There are quite a lot of differences between the regulatory regimes. We will make no comment on whether that is a good thing or a bad thing. The lack of similarity between the two regimes is surprising. I think that is a lesson perhaps. I pointed out, in our submission, that even in terms of the reference to treatment and so forth, each of the different pieces of legislation define these terms differently, so the question arises of what term is going to be applied and what is going to be used. In our view, there is quite a bit more homework to be done before this scheme can become a Bill, because there are practical issues that are going to be faced by people on a day today basis. Apologies for going on a bit.

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