Dáil debates
Thursday, 30 October 2008
Mental Health Bill 2008: Committee and Remaining Stages
5:00 pm
Dan Neville (Limerick West, Fine Gael)
While I do not want to delay, I again refer to Article 40 of the Constitution on the legality of a detention if the detention is challenged. As I stated earlier, it is one of the most important rights in our legal and political system. The State does not have the power to detain unlawfully its citizens. Could the Minister address exactly how she sees the constitutionality in light of The State (Aherne) v. Cotter of 1982?
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