Brian Lenihan Jnr (Dublin West, Fianna Fail)

I am referring to section 27 of the Mental Health Act. That is different legislation. The Garda Síochána is also given the power of arrest. The situation envisaged is that the officers or servants of a designated centre decide for themselves, having regard to any risks to their own safety, whether or not to carry out an arrest. Gardaí will have a positive obligation imposed upon them to arrest persons who may be unlawfully at large. That is not case under the Mental Health Act 2001. There is a stronger obligation imposed on the Garda Síochána under this legislation than under the 2001 Act.