Ms Molly Joyce:

The IPRT has been involved in looking at the new general scheme of the inspection of places of detention Bill. We have focused a lot on the justice sector and the functioning of the new inspectorate of places of detention.

My understanding is that it has not been put into the legislation in terms of who exactly or which organisation would be designated as the national preventative mechanism in the mental health sphere for institutions such as the Central Mental Hospital, CMH. However, our expectation would be that it will likely be the Mental Health Commission and the Inspector of Mental Health Services because, clearly, they already have a role inspecting the Central Mental Hospital. It would, therefore, be a natural fit. From reading the legislation, that seems to be the intention of what will happen.

Our view, and this is for all sectors, is that it is really important that there is an understanding of the Optional Protocol to the Convention Against Torture, OPCAT, and what it is about. It is about the preventative function. It is about trying to prevent torture from happening. It is not a complaints or investigation body. If we are going to designate existing bodies such as the Inspector of Mental Health Services as the new national preventative mechanism, there will need to be a very clear delineation between their different functions and then perhaps better resourcing, with delineation of resourcing in order that they have the national preventative mechanism under OPCAT and all the other functions that currently exist. That is our position based on what looks will be the likely approach taken.

Of course, there are other ways it could be done. We could set up a brand new national preventative mechanism for Ireland. My understanding is that this is not the approach that is going to be taken. In those circumstances, we are very clear that as it stands, we can see the logic in keeping that kind of inspection or monitoring with the existing body that has expertise in the area. However, much work needs to be done across all sectors around understanding OPCAT and what it will mean, what the actual function of it is and how that perhaps differs from existing functions.