Michael McDowell (Dublin South East, Progressive Democrats)

I thank Senators for what has been a thoughtful debate. Every contribution was well thought through and has given me pause to reflect on what is contained in the Bill. The fact that it has been a long time in gestation should not be a reason for not getting it right and making improvements if needed at this late stage.

Senator Maurice Hayes referred to the delays in implementing the Mental Health Act. While that is a matter for the Minister for Health and Children, I was anxious that this Bill should not become entangled in that process. It is 25 years since Mr. Justice Henchy wrote his first report on the subject and although they have much in common, the Bill is not identical to what he then proposed. Nevertheless, it would be unforgivable to allow another ministerial term of office to elapse without addressing the issues raised in the Bill. If difficulties arise with the implementation of the Mental Health Act, they should not be used as an excuse for not proceeding with this legislation.

This must be common sense legislation that can be understood by all. It may not approximate to how psychiatrists would write their ideal law. That is not the issue because, for better or worse, we do not give them the function of writing our laws. Psychiatry is an evolving science and the professionals involved in it hold different views of the human beings with whom they deal. They also hold different theories and views on the material at their disposal.