Michael McDowell (Dublin South East, Progressive Democrats)

I have shown in this debate that I am quite prepared to accept views from Deputies Ó Snodaigh, Costello, Murphy and others. However, in this case, I do not agree with the Human Rights Commission. The existing wording strikes the balance properly between the welfare and safety of a detained person and that of the public. This amendment would attach more weight to the interests of the person detained and diminish the public interest or confine the public interest issue. The balance is properly struck at present.

While I do not wish to delay the proceedings of the House, at present I discharge some of these functions. Files appear on my desk almost daily containing recommendations from the relevant authorities that I should allow a person who was involved in one of these situations out of the Central Mental Hospital on day leave and so on. As one does so, one is struck by the likely consequences if such a person did something appalling. One must be careful with those powers.

Although I nearly always accept the recommendations of the professionals who deal with the individual in question, sometimes I add small restrictions because I am mindful of what would happen in terms of how any Minister would appear if he or she made such an order and the person went off the rails while availing of liberty. Consequently, the public good must be considered. The public also has rights in these matters and I prefer to leave the phraseology as it is.

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