Michael McDowell (Dublin South East, Progressive Democrats)

Part 4 of the Mental Health Act 2001 relates to consent to treatment and its inclusion in this legislation ensures the protections in the Act regarding consent to treatment are also extended to persons who are treated in psychiatric centres under the legislation. It would not be appropriate, therefore, to extend the provisions of the remaining Parts of the Mental Health Act 2001, which relate mainly to the process of independent review of involuntary detentions, to persons detained under the provisions of this Bill because that function is being assigned to the review board to be established under the legislation and, therefore, I am opposed to amendment No. 13.

I would like to consider amendment No. 129. It is a matter on which the Minister for Health and Children will have views and, following consultation with him, I will return to the House on Report Stage regarding the issue. It is a reasonable provision and I have no objection to it in principle.

I would like also to consider amendment No. 130 in the context of section 13(6). I have concerns about powers of arrest of civilian staff of designated centres under section 13(7) and I will examine the issue between now and Report Stage.

I oppose amendment No. 13 because the consent to treatment provisions are guaranteed while the review of involuntary detention is being assigned to the review board that will be specifically established under the Act. I am attracted, in principle, to amendments Nos. 129 and 130. I want to consult the Minister for Health and Children on amendment No. 129 and I will consider amendment No. 130 carefully between now and Report Stage in terms of what to do about that issue.