Michael McDowell (Dublin South East, Progressive Democrats)

The designation of centres where persons will be accommodated, as covered by the terms of the Bill, is a matter for the Department of Health and Children in consultation with my Department in cases where such centres are located within a prison. That clearly illustrates the duality of responsibilities involved in the provision of care and treatment for persons who have been found by a court to be unfit to be tried, or found not guilty of an offence by reason of insanity.

On the other hand, there may be rare situations where it might be appropriate to detain a person in a prison rather than a psychiatric hospital. That, unfortunately, is the reality of the situation. We cannot rule out the possibility that at some stage the requirements of public safety might override other considerations and that a person may have to be detained within the confines of the most secure facility available. I am talking about a rare phenomenon or possibility — a Hannibal Lecter kind of situation — where it would be necessary for somebody to be kept in the most secure accommodation possible. In such a case, no mental institution, including even the Central Mental Hospital, would be appropriate for that person. Any concerns about the treatment, care and well-being of a person detained in such circumstances are met by the provision of the Bill governing the establishment of the new mental health review board and by the extensive provisions of the Mental Health Act 2001.

I wish to indicate to the House that I will be proposing an amendment to this section on Report Stage, clarifying the position concerning the Central Mental Hospital to make it clear that the Central Mental Hospital is a designated centre for the purposes of this legislation.