Jan O'Sullivan (Limerick East, Labour)

I object to the way in which this is being introduced. We were given these amendments yesterday. The substantial amendment, amendment No. 6, amends the Mental Health Act 2001. I went back to my file on the Mental Health Act 2001 and found that substantial concerns were raised by, for example, the National Disability Authority, Schizophrenia Ireland and a number of other organisations in respect of the human rights element and protection required in the Mental Health Act 2001. There may well be a problem with the detention of people who need to be brought back into care, but this is not the way to do it.

We need to have an opportunity to consult with the various bodies which had concerns about that Act previously. We are now reducing the protection through what is being done today. In the original legislation, the staff of the institution were allowed to get the assistance of the Garda Síochána if they had to bring somebody back who had, for example, absconded. That is provided for in the original legislation, which I have here with me. However, what we are doing now is providing for an authorised person to do that.

There may well be a good reason for this and the Minister of State may be able to cite the details of the situation which I understand has occurred. This, however, is not the way to do it. As legislators, we have an obligation to go back and consult the various bodies that had a concern about the legislation originally, if it is being substantially amended.

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