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Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I thank the Mental Health Commission for the opening statement. I congratulate the commission on the launch yesterday of its report on access to mental health services for people in the criminal justice system, which I attended. It is a really eye-opening report. I commend the commission on that as well. I tabled a Topical Issue matter on it for debate this evening, but it has not been...

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I thank Ms Keane. On the authorised officer, I too have concerns about that change in light in particular of the resources and so on that will be required. I have tabled a number of parliamentary questions on the matter. Does the commission have information on the shortfall of authorised officers throughout the country? Is it concerned about the possible later commencement of this section...

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: Insofar as Mr. Farrelly is aware, at this point in time is there is a shortfall in authorised officers?

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I thank Ms Keane. My second question is also in regard to resources. Part 3 of the heads of Bill provides for changes to the Mental Health Commission. The commission is referenced in numerous heads and section notes. Throughout the heads of Bill, the commission is set as the body charged with producing codes of practice, rules, regulations, reports, etc. How is the commission preparing...

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: How quickly would the commission be able to increase its resources once the Department gives the go-ahead and so on for this? How quickly would it be able to fulfil its obligations under this legislation when enacted?

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I thank Mr. Farrelly. Earlier, he touched on the issue of how long a person should be held in custody before he or she is seen by a doctor, which I think is currently 12 hours. A person being held for drink driving must be seen within three hours. I would welcome Mr. Farrelly's thoughts on whether the 12 hours should be reduced to six hours or less. What would happen where there is no GP...

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I thank Ms Keane. Do I still have some time remaining?

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I got through more questions because I did not do a big preamble, as I would normally do. The 2015 Act was mentioned a few times in the context of capacity to consent. It is my understanding that the Bill amending that Act will be in front of the children's committee in June or July 2022, according to the information I have received. It will not be in front of this committee or the health...

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I will be here for a while. I will come back in if I need to.

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I am enjoying the discussion and debate. This is probably the most substantial work that will happen in the lifetime of this committee. The witnesses' insight into the legislation is welcome. Mr. Farrelly spoke about the independent complaints mechanism. Other NGOs called for this. I listened to his response to Senator Hoey. He said that legislation is welcome but that the commission...

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: What about it being done retrospectively? People might not have the capacity to complain and not realise that there was a problem until months or years later. Is there a mechanism for people to go back and make a complaint or recommendations about the care that they felt they were getting?

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I thank Mr. Farrelly. I have two more questions. He mentioned continued use of coercive practices such as seclusion and restraint. What was not mentioned was the use of electroconvulsive therapy, ECT. I read a report from Trinity College Dublin in 2018 that stated that there were 48 involuntary uses of ECT in the previous five years. Does Mr. Farrelly have any concerns about the ongoing...

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: This is specifically in relation to ECT.

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: Who makes that decision at that stage?

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I thank Dr. Finnerty. She will probably answer the next question as well. I go back to the good report she produced yesterday, Access to Mental Health Services for People in the Criminal Justice System: Promoting Quality, Safety and Human Rights in Mental Health. In relation to this Bill, does the commission have concerns around the provision of transfer or admittance to the Central Mental...

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: I thank Dr. Finnerty. I appreciate that. A lot of this stuff seems to be down to resources. Mr. Farrelly was confident the resources would be supplied. I am concerned about the appointment of the authorised officers. That needs to be looked at. It needs to begin now and should have begun already. There has been talk that the process has begun but I do not think there has been any...

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: Okay. How confident is Mr. Farrelly that resources will be available for the appointment of the appropriate number of authorised officers?

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: Is there any anecdotal evidence of how short we are of the number of authorised officers required by this Bill?

Joint Committee On Health: General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission (16 Nov 2021)

Mark Ward: That would be common sense but sometimes common sense is not very common. I thank the representatives of the Mental Health Commission for coming in. I got a lot out of the discussion.

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