Oireachtas Joint and Select Committees

Tuesday, 16 November 2021

Joint Committee On Health

General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission

Mr. Gary Kiernan:

The existing Act does not prohibit any provider from closing a centre. I see the clashes and the difficulties there where that is at odds with the preference of residents who are living in the centre. The revised scheme does make the provisions around closure stronger in the sense that it brings them into the primary legislation in terms of the provisions for consultation with the residents, listening to their wishes and acting on them in so far as possible. It requires that the existing provider follows up for a period of three months afterwards on their ongoing care. It also provides that they make the appropriate assessments to ensure that their ongoing placement is appropriate for them and is in keeping with their needs. Those provisions come into the revised scheme and that hopefully will strengthen the Bill. It is a matter for the provider to ensure that the onwards placement is appropriate to their needs. The revised scheme will strengthen that and there is provision for us to monitor that.