Mary Harney (Dublin Mid West, Progressive Democrats)

It was this morning that the Attorney General advised me that emergency legislation was desirable in this particular set of circumstances. When we became aware of this case about 10 October, we were made aware of the possibility of a decision of this kind. The view was that in event of this happening, we would perhaps appeal the case. A view was expressed that in this event all of these patients could be discharged and readmitted. Various options were examined and as I stated earlier the trauma of discharge and readmission for these patients and their families was such that it was not a prospect we could have put patients through. This was alongside the considerable administrative difficulties, particularly with regard to the approximately 16 patients in the Central Mental Hospital.

The Attorney General advised a robust clinical review of all of these patients and work began on this last Friday, 24 October, and was completed yesterday. The President will sign the Bill into law tonight or tomorrow morning and five working days from then will bring us to next Thursday or Friday. We believe we have the clinical capacity to complete the review within this time, given that this has happened in any event during the past four or five days because Monday was not a working day as it was a bank holiday. We believe we have the capacity to do so fairly, honestly and openly.

A view was not held on 10 October, or on 17 October when the case concluded, that legislation of this type was required. This view was only advanced in recent days. Outside counsel was consulted and the Attorney General has given considerable consideration to this matter. The potential of what might happen tomorrow is the reason for introducing this legislation. It may well be that tomorrow we will find it was not necessary. The legislation was drafted on the advice of the Attorney General this morning and considered by the Government at approximately 2 p.m.

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