Michael McDowell (Dublin South East, Progressive Democrats)

I am grateful to the Senator for tabling this amendment. In principle I accept that the Minister for Health and Children should consult with the Mental Health Commission rather than the inspector, who is employed by the commission, before making a designation. I am not prepared to give the inspector a veto over my decision, which would be the result of the Senator's amendment. However, I will consider introducing an amendment on Report Stage which would have the effect of requiring me to consult with the Mental Health Commission before I make a designation.

I cannot allow the possibility of a veto, which would mean that if there were a policy argument between me and the people in the area I could be told I could do nothing and the Act would become inoperable. However, I will go halfway down that road and say that I favour an amendment which would oblige me to consult with the Mental Health Commission when I am exercising these functions. I cannot allow a body that is not accountable to the House to have a veto over decisions. If I were in dispute with that body I could, broadly speaking, make the Act inoperable.