Brian Lenihan Jnr (Dublin West, Fianna Fail)

Let us examine what could happen were the amendment accepted. The courts would require the consent of the clinical director of the designated centre concerned before a person could be committed or referred to it. What would the courts do if they found that no clinical director would accept the person? As the Minister said in the course of an earlier debate, it is appreciated that the motivation for this amendment arises out of a concern that clinical directors may feel they are unable to accommodate such persons. This is a question of provision. The Minister for Health and Children must consider whether there is appropriate provision. Her attention will be drawn to it so that provision can be examined in advance of the commencement of the legislation.

While other Departments seem to countenance the plea from their agents who are in receipt of public funds that provision cannot be made for a person, the Department of Justice, Equality and Law Reform cannot countenance a position where the orders of the courts cannot be implemented or where the courts can be met with the plea that provision cannot be made for a person. It must see that the decrees of the courts are enforced.