Dáil debates

Thursday, 30 October 2008

Mental Health Bill 2008: Committee and Remaining Stages

 

5:00 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)

I wish to point out my concerns with regard to the constitutional aspect of this issue. Section 3(1) states: "An unexpired renewal order shall be deemed to be valid and always to have been valid". This is of concern because it is retrospective. Whether one can retrospectively take away a person's right to freedom under the Constitution is the nub of the issue and we need to hear again from the Minister in this regard.

I wish to again raise an issue under this section which I raised on Second Stage. The Human Rights Commission was a notice party and presumably was present with the Office of the Attorney General in the court, or it was entitled to be present. Has the Minister sought in any way to get the views of the commission on the legislation, particularly this section?

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