Michael McDowell (Dublin South East, Progressive Democrats)

I have two main difficulties with the amendment. The first is that the functions of the inspector of mental services are set out in section 51 of the Mental Health Act 2001. It does not appear to me that they can be read as including or inferring a power or function such as is envisaged in the amendment with regard to the designation of conditions of security in psychiatric facilities.

Second, following discussions with the Department of Health and Children, I am considering tabling an amendment on Report Stage to the definition of "psychiatric centre", which will meet the intention behind the Senator's amendment. It will allow in-patient facilities, which are not hospitals, to be designated under the Bill. I also intend to add the words "within the meaning of the Act of 2001" following the word "disorder" in section 2(4), line 43, page 4. As to the Senator's point about the term "care or treatment", I will deal with that specific issue when we come to amendment No. 21.