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

Neasa Hourigan: Another Deputy mentioned an issue I would like to go into in more detail. Dr. Finnerty may be able to answer some of my questions around the inspection of mental health facilities and the regulation around specific services, particularly residential services. I read some comments Dr. Finnerty made about the issue in February of this year. How concerned is she about the fact that this...

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

Neasa Hourigan: Dr. Finnerty will have to forgive me, speaking as a layperson.

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

Neasa Hourigan: I want to ensure I have it straight in my mind. Perhaps we can come back to the approved centres that are fully residential and stick with community residences. They are currently not regulated. This legislation would provide regulation but the next part of that story would be to give the commission oversight of that regulation.

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

Neasa Hourigan: I understand that at the moment, the commission is inspecting those services outwith a regulatory framework.

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

Neasa Hourigan: The commission has no recourse to enforcement.

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

Neasa Hourigan: Are section 38 and section 39 bodies involved in those community residences? Who is running those now?

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

Neasa Hourigan: Does HIQA have a role in the HSE-run establishments? Does Dr. Finnerty believe that what is proposed in this legislation would suitably regulate both HSE establishments and those run by other bodies?

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

Neasa Hourigan: That makes sense. There is sometimes confluence between the responsibilities of different organisations. We are also talking about the UN Convention on the Rights of Persons with Disabilities and there is an interrelationship there. I do not know who is best placed to answer my next question. Could somebody unpack for me the issue around intermediate admission, renewal orders and...

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

Neasa Hourigan: Through the renewal order, is it?

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

Neasa Hourigan: Therefore, somebody could be detained for the best part of a year without a decision being made on his or her capacity.

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

Neasa Hourigan: This might be a simplistic question. Is there a specific reason this has arisen? There are issues around the assisted decision-making legislation with respect to making sure everything works well together but usually there is an effort to ensure legislation does not clash with other legislation. Perhaps Ms Keane cannot answer this question. Is there a particular reason this has arisen?

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

Neasa Hourigan: Yes, absolutely.

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

Neasa Hourigan: That is a rather significant point we all need to get to the bottom of before the end of this process. If time permits, I wish to revisit a specific issue with Dr. Finnerty, which I forgot. I said I would return to the issue of approved centres. I note from the commission's opening statement there was discussion around regulation, registration, inspection and monitoring enforcement. There...

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

Neasa Hourigan: Does the commission provide guidance or information, where a premises is not fit for purpose, on care pathways to provide the least disruptive situation for those resident in the approved centres? I presume the point of moving somebody from a less than perfect situation is not to move them from, say, an inadequate single room to a ward in what, effectively, is an institution. Is that...

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

Neasa Hourigan: What is the definition of a "retrograde step"?

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

Neasa Hourigan: That would be inappropriate.

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

Neasa Hourigan: What is the commission currently able to do to enforce that?

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

Neasa Hourigan: To be clear, what is this direct action?

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

Neasa Hourigan: To be clear, what is the action?

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