Oireachtas Joint and Select Committees

Tuesday, 6 December 2022

Joint Committee On Health

People Detained in Secure Forensic Mental Health Facilities: Discussion

Photo of Aisling DolanAisling Dolan (Fine Gael) | Oireachtas source

I welcome Ms Joyce who is representing the Irish Penal Reform Trust, which is about being progressive on reform. I also welcome Dr. Flynn and Ms Ní Chaoimh from the University of Galway. I am curious about the timing of this. There seems to be a lot of activity. The report being reviewed analyses certain areas. The witnesses are looking to ensure that the rights of people with disabilities are protected in the justice system. The submission document refers to some of the changes that have come through from the report that was issued in September. The Ministers, Deputies McEntee and Donnelly were involved. This report was on how people with mental health and addiction issues are managed in our Prison Service and how we should manage it.

I ask for the witnesses' feedback on that group. I know the group engaged with staff from the Departments of Justice and Health about the report. It had representatives from the HSE, the Central Mental Hospital, the Irish Prison Service, the Probation Service, An Garda Síochána, the Department of Children, Equality, Disability, Integration and Youth, the Judiciary and the Department of Housing, Local Government and Heritage. Quite a wide range of people and groups came together. I believe there were three subgroups. More than 60 recommendations were put forward. A number of those are legislative. What is the witnesses' understanding? This task force's studies started in 2021 when it came together, with three subgroups. There has also been a €200 million investment in the facility in Portrane, with more than 170 beds, to move the Central Mental Hospital from Dundrum to Portrane. This opened in September. There is consideration of development of other areas there too.

There has been much Government activity on this in the last while. The recommendations coming from this task force address some, but not all, of what the witnesses put in their report. Will they comment on some areas where they see progress in what the task force has come up with by way of recommendations? I was looking at the subgroup on diversion. The second subgroup relates to capacity, which is what the beds in the new hospital will address. We always talk about access to beds. The other matter is community issues and throughcare upon release from custody.

One other comment I would make is that we just went through the legislation on assisted decision-making and the decision support service in the Seanad. I know Senator Frances Black, the Chair here, was involved in it. When we did our research on that, it opened to me the number of people who, at every stage of their life, may have challenges with mental health. That could be because of us having an ageing population. At different times in our life, we may need assisted decision-making or the decision support service. We may be dealing with more people who are developing neurocognitive challenges at older ages. We have to be conscious of that. Will the witnesses comment on the assisted decision-making legislation and decision support service? I have a couple of questions. What is the witnesses' opinion on the recommendations, of which more than 60 have come from the task force? Will they mention the new facility which is tackling bed capacity and other points which they raised in the submission to us? Finally, there is the Assisted Decision-Making (Capacity) (Amendment) Bill 2022, the brand new legislation that has come into place in the past week or two.

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