Michael McDowell (Dublin South East, Progressive Democrats)

If an order of this kind were made, the Mental Health Commission would have to be involved in the process. It would not be the Minister for Justice, Equality and Law Reform conveniencing himself. It would be the Minister for Health and Children of the day saying the facilities at the Central Mental Hospital were not appropriate for the person and that the person was effectively so dangerous that the CMH, or any other designated centre for the time being, was not an appropriate place for that person to be detained. From that point of view this is a measure of ultimate resort. I accept the point that we had more resources than we did when Judge Henchy drafted his report but on the other hand we are talking about resources. Members know that although we have resources there are other areas in which to use them. If the Minister for Health and Children were to come into the House and announce she proposed spending €15 million, €20 million or €30 million to put in place a secure unit on a greenfield site somewhere and she was asked by a Member — I presume this is a question she would answer rather than Professor Drumm — how she could justify spending €15 million or €30 million having watchmen and maintenance craftsmen keeping this unit going when there was nobody in it, would we say that was a sensible way to apply resources?

On the points Deputy Costello made, this is not a back-door method by me to get the CMH out to the Thornton site. If that decision is made it will have nothing to do with this provision. On the contrary, if it were located on a portion of the Thornton site it would be less reason for an order of this kind to be made because there would be no particular advantage one way or the other to making an order of this kind.

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