Brian Cowen (Laois-Offaly, Fianna Fail)

It is proposed to amend sections 13 and 27 of the Mental Health Act 2001 to provide that a clinical director can arrange for a person to be removed or returned to an approved centre by members of staff of the approved centre or by authorised persons. The amendment will provide that the registered proprietor may enter into a contract for the purpose of arranging externally assisted admissions. Persons who are employed by the external agency will be then authorised in writing by the clinical director to provide assisted admissions to his or her approved centre.

This issue arose as a result of judicial review proceedings as to what constitutes "staff of the approved centre". The issue needs to be resolved.

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