John Moloney (Laois-Offaly, Fianna Fail)

I will try to clarify the reason for recommittal and for taking these together. The Government decided to bring forward these amendments to the Health (Miscellaneous Provisions) Bill 2009 in order to address the difficulties in the operation of the Mental Health Act 2001. The need to amend the Mental Health Act 2001 arises from the recent High Court proceedings where a patient sought and was granted a declaration that her removal to a psychiatric hospital was not in accordance with section 13(2) of that Act.

The 2001 Act provides for the involuntary admission to approved centres of persons suffering from mental disorders. In addition, the legislation provides that where a person is acutely mentally ill and requires admission to hospital, but is unwilling to travel to hospital voluntarily, the person can be brought to the hospital. Section 13(2) of the 2001 Act places a statutory obligation on the clinical director of the approved centre to provide such assisted missions, where necessary using staff from the approved centre.

Is further clarification needed?

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