Brian Lenihan Jnr (Dublin West, Fianna Fail)

The purpose of paragraph (b) is to provide for circumstances where a person is detained in a designated centre which is also a prison, something which is envisaged by the legislation. Prisons do not have clinical directors and, therefore, the duties and powers in section 12 are conferred on the governor as head of the prison. However, provision is made for appropriate advice to be provided to the governor on the exercise of the duties and powers conferred by an approved medical officer who would be a consultant psychiatrist.