Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendmentNo. 33:

In page 11, lines 39 to 41, to delete all words from and including "shall" in line 39 down to and including "interest" in line 41 and substitute the following:

"shall ensure that the best interests of the person whose detention it reviews under this Act shall be the principle consideration with due regard being given to the interests of other persons who may be at risk of serious harm".

This amendment arises from the criticism of a number of groups of the Bill on the grounds that aspects of it are inconsistent with the Mental Health Act 2001. A number of areas will require amendment to be compliant with the provisions of the Mental Health Act. One such example is the operations of the proposed mental health (criminal law) review board, an bord athbhreithnithe meabhair-shláinte (an dlí coiriúl), which as the Bill is currently drafted "shall have regard to the welfare and safety of the person whose detention it reviews under this Act and to the public interest". The Human Rights Commission has recommended that this be replaced with the formulation adopted by the 2001 Act, so that there would be continuity between Acts. That Act states "the best interests of the person shall be the principal consideration with due regard being given to the interests of other persons who may be at risk of serious harm if the decision is not made". Basically, this amendment gives effect to that practical recommendation from the Human Rights Commission.

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