Brian Lenihan Jnr (Dublin West, Fianna Fail)

As Senator Henry has accepted, the same considerations that arose in my last substantive reply apply to this. The courts would require the consent of the clinical director of the designated centre concerned before a person could be referred there for examination by an approved medical officer. What would the court do if it found that no clinical director would accept the person? I will draw the attention of the Minister for Health and Children to the problem.

I gave Senator Henry a vigorous reply earlier. Having served as a Minister of State in three Departments, there is a remarkable difference between the Department of Justice, Equality and Law Reform and other Departments on this issue. They are always most anxious to ensure the enforcement of court sentences.

In the case of the Prison Service, there must always be a place, even if it involves the release of a person approaching the end of his or her sentence. This attitude does not prevail in other Departments. As a result, persons have recourse to the courts even in a civil context to try to ensure they have services. I am not necessarily critical of this amendment and have some sympathy for the insertion of these clauses by the Department of Justice, Equality and Law Reform, as it must ensure its responsibilities are met.