Mary Henry (Independent)

I am not enthusiastic about the amendments made regarding "care or treatment" instead of "care and treatment". One of my main criticisms of this Bill is how it will be implemented by those who must use it. It should be aligned as closely as possible with the Mental Health Act 2001 because the same people will have to use this legislation and, to avoid mistakes, the closer things are, the better. Inserting "care or treatment" can also allow for the warehousing of people, which would be a great pity. I am aware of the argument that a person with Alzheimer's disease could not be treated satisfactorily but there are various attempts to treat all sorts of psychiatric illness so it is not a good argument.

There is a different definition of "patient" at the beginning of the Bill from further on, when "patient" is defined under the Mental Health Act 2001. I can see my psychiatrist friends having problems with this. I welcome, however, the fact that any mistakes regarding diagnoses made in lower courts can be rectified in upper courts. That improves the Bill.

The change in amendment No. 8 to the definition of the Central Mental Hospital, established in pursuance of the Central Criminal Lunatic Asylum (Ireland) Act 1845, is wise if we are to move the Central Mental Hospital from Dundrum. The 1845 Act states that it will be in Dundrum. However, I do not have a copy of it with me. Those are some criticisms I would make of the changes.

I am glad provision has been made for the transfer of patients back to prison. When I tabled my amendment on transferring patients from prison to court and from court to the Central Mental Hospital, the substance of which the Minister kindly accepted, I had forgotten about transferring patients back to prison if they were no longer in need of inpatient treatment.

As far as I can see from reading the Bill, the designated centre is still only the Central Mental Hospital. I am glad to note outpatient treatment is allowed. If the person was fit to be treated in what could be described as a "designated centre" in a psychiatric hospital as close as possible to his or her home, could he or she be sent there by the court? There would be a difficulty implementing this because a large number of psychiatric institutions do not have locked wards or enclosed areas which would enable them to accept such patients. I am not sure from reading the amendments and the Bill if the designated centre can only be the Central Mental Hospital. Could the designated centred include other psychiatric institutions? I am glad to note that for summary offences, in particular, people can receive outpatient treatment. Perhaps the Minister of State will clarify the issues raised.