John Moloney (Laois-Offaly, Fianna Fail)

I again thank Members for their questions. First, in response to Deputy Ó Caoláin's point, the commitment is that there will be a major review of the proposed Act in 2011. There also will be opportunity for amendments. As I am anxious to move in respect of other issues pertaining to mental health, which may require amendments, such an opportunity may arise before then. I make this point in the context of the issues that have been raised. I must apologise to Deputy Reilly in one context, that is, the points he raised regarding the ambulance issue were quite relevant and I should have started my initial response from that point. As for the major review of legislation in 2011, I will have opportunities before then to make amendments on this issue and possibly other issues.

In the context of the ambulance service, I recall the point made by Deputy Reilly last week regarding the conditions of some ambulances, the change of drivers and so on. Part of the contract between the HSE and this company stipulates there must be regular servicing of vehicles. While the word "service" may conjure up the image of mechanical servicing only, clearly far greater issues arise in this regard. I intend to strengthen this provision to ensure that it is not simply the motorised part of the ambulance that should be serviced. Clearly, the contract also should stipulate that areas dealing with patients or the public also must undergo strenuous and regular tests. I give that particular assurance as well.

I refer to the question as to what will happen in the Act. Since the Act and the establishment of the Mental Health Commission, submissions made by Members in the House and in the Oireachtas Joint Committee on Health and Children have raised a number of issues. There will be a root and branch review of the Act. That is why it will take so long. Many issues arise and I give a commitment to Members that such a review will take place. The contents of the Act will come from the review and from consultation between now and then. I give a clear commitment that there will be opportunity to debate this matter and there will be a full review.

Deputy Jan O'Sullivan asked me about protocols and staff. These must be professional staff and must be vetted by the agencies, including the Department of Health and Children and the Garda Síochána. The psychiatric nurse or the health professional contracted in this instance must have a qualification of three years in the previous four years. It is not a matter of bringing in someone who was a nurse years ago. The person must be an active participant who is clearly involved in current legislation, as well as being skilled to meet standards laid down by the Mental Health Commission. This will be included in the contracts prepared and signed by the company involved.

See this speech in context