Michael McDowell (Dublin South East, Progressive Democrats)

I move amendment No. 46:

In page 20, between lines 30 and 31, to insert the following:

17.—Where the clinical director of a designated centre forms the opinion in relation to a prisoner detained in the centre pursuant to section 14 that he or she is no longer in need of in-patient care or treatment he or she shall, after consultation with the Minister, direct in writing—

(a) the transfer of the prisoner back to the prison from which he or she was transferred to the centre, or

(b) the transfer of the prisoner to such other prison as the Minister considers appropriate in all the circumstances of the case.

The amendment will permit the clinical director of a designated centre to order the transfer of a prisoner no longer in need of inpatient treatment at the centre back to the prison from which he or she was originally referred. The matter was drawn to the Department's attention by Dr. Harry Kennedy, the clinical director of the Central Mental Hospital. The lacuna in the Bill in this regard is at odds with the procedure in place whereby two doctors in the Central Mental Hospital can decertify a ministerial order patient, which has the effect of returning the prisoner to the prison from which he or she was originally transferred. Clearly, it is important for the treating consultant psychiatrist to be able to discharge a patient when he or she no longer needs care or treatment. Given these factors, I propose to deal with the matter by inserting a new section 17. Consultation with the Minister is required before a transfer back to a prison can be effected. This will ensure the prison from which the prisoner was originally transferred is the most suitable location at the time of transfer for him or her to be sent. In other words, if the prisoner came from Mountjoy Prison, the Minister might say he should be sent to Loughan House as it is more suitable or vice versa.

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