Mary Henry (Independent)

I move amendment No. 10:

In page 4, line 27, after "may" to insert ", on the advice of the Inspector of Mental Health Services".

It is suggested that the Mental Health Commission should be consulted. I tabled this amendment because the Minister for Health and Children has a great deal to do and far more than she expected. It would be extraordinarily difficult to be in position to identify a designated centre without getting advice from somebody in the area of mental health. We must delete the phrase "prison or any part thereof".

Mr. Justice Henchy does not recommend sending prisoners who become patients to prison. It is not ideal because there is no therapeutic environment. Prisoners who are psychiatric patients are being treated in prison. We should ensure they are in suitable institutions. I cannot accept a prison as a suitable institution and neither does Mr. Justice Henchy, the various international bodies or the European Convention on Human Rights. We are putting something into legislation which is considered unsuitable by an extremely experienced judge as well as international bodies. Prison is not a therapeutic environment.