Brian Lenihan Jnr (Dublin West, Fianna Fail)

Yes because the amendment addresses a matter raised by Senator Henry and other Senators on Committee Stage. Having considered the matter since Committee Stage, the Minister has decided to give effect to amendment No. 141 relating to an officer or servant of the designated centre. What is proposed by way of amendment No. 140 is that the insertion of the word "shall" after "Síochána" will mean there is a positive obligation on members of the Garda Síochána to arrest persons who may be unlawfully at large. This is a stronger provision than the equivalent section 27 in the Mental Health Act 2001.

The use of the word "may" provides sufficient discretion to officers or servants of a designated centre to decide for themselves, having regard to any risks to their own safety whether or not to carry out such an arrest. As the Minister said on Committee Stage, which is now listed as an amendment, he is not convinced that members of the Garda Síochána should be the only persons carrying out these functions.

There may well be particular circumstances where practicality and expediency of the common good may require officers of a designated centre to act. We are dealing with powers of arrest.