Mary Butler (Waterford, Fianna Fail)

I move amendment No. 61:

In page 29, line 9, before “take” to insert “take all reasonable measures necessary to”.

Following publication of the Bill last July, officials in my Department continued to consult key stakeholders. Invaluable feedback was provided by An Garda Síochána and the Department of Justice regarding the provisions on Garda powers in the Bill.

An Garda Síochána examined the Bill in terms of operability and suggested amendments that would help improve how the new Bill could be operationalised. I will provide some detail on the proposed amendments and the rationale for moving them.

Amendments Nos. 61 and 170 provide for the term "take all reasonable measures to", which is being inserted into sections 18(1)(a) and 71(1)(a). This has been included at the request of An Garda Síochána to ensure, for the avoidance of doubt, that there is an explicit power to use reasonable force to take a person into custody. Of course, members of An Garda Síochána are bound to act within the powers granted them under this and other enactments, but also are bound by Garda policies on use of reasonable force.

Amendments Nos. 62 and 171 replace the term "a Superintendent or Chief Superintendent" with "a member ... not below the rank of Inspector" as the grade that can extend the timeframe for holding a person in custody. This was requested by An Garda Síochána because it may be difficult to get in contact with a superintendent outside of normal working hours.

Amendments Nos. 63 to 65, inclusive, are technical amendments.

Amendment No. 66 inserts the term "or a consultant psychiatrist acting on that clinical director’s behalf" in subsection 18(8). This will expand the staff members whom the Garda may contact to arrange for the person to be brought to the registered acute mental health centre. This amendment was requested to align this provision with section 19 and to reduce the possibility of delays in arranging transfers.

Amendment No. 67 is being moved in relation to section 18(9) to read, "when a member or members of An Garda Síochána exercise powers under this section or under sections 19, 39, 71, 77 or 131". Members of An Garda Síochána must apply the regulations for the treatment of persons in custody in Garda stations to any person taken into custody, including under the Mental Health Act. The wording in the Bill as initiated may cause duplication or conflict if a separate set of regulations in relation to custody are prepared. Amending the reference here allows the Minister to make broader regulations in relation to Garda powers under this legislation.

Amendment No. 68 inserts a new subsection (10) into section 18 to allow An Garda to retain a copy of the recommendation for involuntary admission, as is currently the case under the existing Mental Health Act. It is retained with the custody record of the person and used in assisting with the transfer of the person to the approved centre.

Amendment No. 69 deletes "but not later than 12 hours" from section 19(1) as members of An Garda Síochána are already compelled to bring a person to a registered acute mental health centre as soon as is practicable.

Amendment No. 70 inserts a requirement into section 19, which states that authorised officers will comply with a Garda request to consider making an application for a recommendation for involuntary admission as soon as practicable. An Garda Síochána requests that some acknowledgement be included that the HSE be compelled to respond within a timely manner to a request for an authorised officer.

Amendment No. 126 introduces a requirement that An Garda Síochána shall respond as soon as practicable to a request for assistance in bringing back to a registered acute mental health centre a person who has absconded without leave.

Amendments Nos. 172 and 176, in relation to Garda powers to take children into custody, replace the wording "unless it is unsafe to do so" and "it is unsafe or not in the bests interests of the child" with "there is an immediate and serious risk to the health or welfare of a child by releasing the child into the care of that person or persons". An Garda Síochána asked for greater clarity on what constitutes unsafe. The revised wording aligns closely with the current wording of section 12 of the Child Care Act 1991.

Amendment No. 173 provides for the deletion of section 71(5) in relation to where any of a parent, guardian or the Child and Family Agency request the assistance of gardaí when transferring the child following their release. An Garda Síochána stated it would be inappropriate to assign this responsibility to gardaí as it is not part of the statutory responsibility for gardaí to provide transportation outside of defined arrangements such as custody.

Amendment No. 178 inserts a new subsection (7) into section 71 to allow the HSE to step in and assist gardaí where the parent or guardian of a child cannot be located or if it is unsafe to release the child to them.

I believe the amendments I am moving today in relation to Garda powers for taking adults and children into custody make these provisions more operational and bring greater clarity to members of An Garda Síochána working under the enactment and, crucially, greater clarity to people being treated under this enactment. I thank An Garda Síochána for all its engagement on this section of the Bill.

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