Michael McDowell (Dublin South East, Progressive Democrats)

I move amendment No. 15:

In page 4, to delete lines 22 to 27 and substitute the following:

"(2) The Minister for Health and Children, after consultation with the Mental Health Commission established under section 32 of the Act of 2001 by order may—

(a) designate a psychiatric centre, or

(b) with the consent of the Minister, designate part of a prison,".

The issue of prisons or parts of prisons being designated as centres was the subject of much debate in the Seanad and has featured in the debates in this House on Second Stage and Committee Stage. I have made it clear why it is necessary for such places to be available for persons who are not suitable for detention either in the prison or in a designated centre. As I said on Committee Stage, the Henchy report recommended the establishment of special units for persons described as coming within a class referred to as psychopaths or sociopaths but who the committee considered it more proper to identify as persons suffering from a persistent order disability or personality which manifests itself in abnormally violent or aggressive conduct. The fact that such persons in these categories may not be amenable to treatment is also a factor.

I have taken into account the points made on Committee Stage and I am grateful to the Members here who made those points on that occasion. I have decided to provide for the designation only of a part of a prison rather than designating a whole prison as the Bill originally suggested, as a place of detention in what will hopefully be exceptional circumstances, where no other place would be suitable. In line with the recommendations in the Henchy report I am proposing an amendment which will allow the Minister for Health and Children, with the consent of the Minister for Justice, Equality and Law Reform, to designate a part of a prison as a designated centre. It will not be a matter for the Department of Justice, Equality and Law Reform but will have to be initiated by the Minister for Health and Children on the day, and consented to by the Minister for Justice, Equality and Law Reform.

I am also proposing a safeguard by giving the Mental Health Commission a role in that process. The Bill currently provides that the Mental Health Commission consultation procedure only applies in the case of designation of psychiatric centres. On Committee Stage I accepted it might be appropriate for an outside body to have some input into a decision made under the relevant paragraph to designate a part of a prison for detention purposes. My proposed amendment therefore provides for the extension of the Mental Health Commission's consultation procedure to the designation of part of a prison in these exceptional circumstances.

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