John Moloney (Laois-Offaly, Fianna Fail)

I thank the Deputies for their contributions. I will try to deal, in as clear a manner as possible, with the points they raised. I sympathise with people's concerns, particularly in view of the fact that we are dealing with mental health issues. Given the perception that the legislation is being rushed, I will try to show that due consideration was given to all relevant matters.

As stated on Report Stage in this House and on Committee Stage in the Seanad, the Bill is an interim measure. I accept the fact that it was introduced on short notice but, on foot of a High Court judgment delivered on 21 May, there was a need to amend the position prior to the summer recess. The difficulties which gave rise to the legislation arose on foot of events that occurred in Dublin, in other areas on the east coast, in Clonmel and in Cork, where over 90% of involuntary admissions were carried out by an external agency. I wish to stress that these amendments to the Mental Health Act are necessary to ensure the continuation of externally assisted admissions. No one wants a situation to develop whereby vulnerable people cannot be assisted, albeit on an involuntary basis, to enter health facilities.

I referred to the Bill as an interim measure because I wanted to clarify the position and assure people that we were not rushing through legislation. I accept Deputy James Reilly's point that the major review will not take place until 2011. All mental health legislation will form part of that review. In the context of safeguards, I wish to inform Deputies Jan O'Sullivan and James Reilly that a number of other amendments will be introduced later in the year. These will contemplate the matters now under discussion.

I accept that people have doubts with regard to the agency and its staff and Deputies Jan O'Sullivan and James Reilly inquired about the qualifications of the latter. I wish to point out that there is a tendering system for work of this nature. The company which secured the contract in this instance underwent a tendering process. If I were on the opposite side of the House, I would also want to clarify the position regarding the bona fides of such a company.

All the personnel of the company in question are qualified psychiatric staff and their qualifications are reviewed on a yearly basis. In addition, the company is obliged to meet the various standards laid down by the Mental Health Commission. The staff of the company work in close proximity with members of the Garda Síochána in all of their dealings.

It also is important to note that the suitably qualified people are vetted by the Garda Síochána. Moreover, on the initial vetting and clearance by the Garda, just as qualifications are renewed on a yearly basis, so also will the Garda vetting process continue on a yearly basis. This should bring some clarity towards ensuring that those involved in involuntary assisted admissions are properly trained. I wish to state specifically in respect of the vetting of staff that current practice regarding the contracting of this service requires the external agency to provide suitably qualified mental health professionals, such as psychiatric nurses or allied health professionals or both. All such professionals must have Garda clearance and the HSE protocols and guidelines for the external assisted service will be revisited in light of the amended legislation.

I have dealt with the perception that this legislation is rushed and will respond regarding the review. The review will not take place until 2011 and much work must be done between now and then. However, in respect of safety in this regard, I again refer to the ongoing Garda clearance and the level of professionalism of the staff. While one cannot dwell on the past to predict the future, it is important to note that of the 600 assisted involuntary admissions, there have been no complaints - nor should there be - from the patients, their families, the centres or anyone else involved. During the debate in the Seanad yesterday, I noted the HSE is the direct employer and through protocols or safeguards, the HSE has the responsibility to ensure that those who have been contracted live up to the required standard as laid down by the Mental Health Commission. I accept the point, to which Deputy Reilly also referred the last time, on the involvement of HIQA.

The standards will be set in the protocols and are set out in the contract. Whenever a contract is up for renewal, an open market competition will take place and other companies may vie for similar contracts. I am not in a position to provide Members with the number of companies that submitted tenders because I do not know. While I should know it for the purposes of this debate, the point only occurred to me a few minutes ago. I will revert to Members with this information as quickly as possible.

However, based on the historical involvement of this company, the Garda clearance, the HSE involvement, the absence of complaints and the requirement that the staff must be professionals, I am satisfied that all safeguards are present in respect of this agency. In future, this obviously must be firmed up in the forthcoming Bill in 2011 and there will be some further amendments before then.

I forgot to reply to the question raised by Deputy Jan O'Sullivan as to when the Bill will be enacted. It will be enacted immediately after its presumed signature by the President.

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