Brian Lenihan Jnr (Dublin West, Fianna Fail)

On the question of the designated centre raised by Senator Henry, the position is a little wider than she envisages because section 3(1) provides that the Central Mental Hospital is designated as "a centre"— note the use of the indefinite article — for the reception, detention and care or treatment of persons or classes of persons committed and transferred thereto under the provisions of this Act. Section 3(2) expressly provides that the Minister for Health and Children by order may after consultation with the Mental Health Commission established under section 32 of the Act of 2001, designate a psychiatric centre as a centre for the same purpose. Other centres can be established, which is clear in the legislation.

There was a long discussion between the Senator and the Minister on the question of care or treatment. The Senator mentioned the need for consistency in the legal definitions psychiatrists must use under the 2001 Act and this legislation. In fact, the other legislation is not consistent on the question of care or treatment. At least the Minister has taken a consistent approach in this Bill and has laid down a standard of consistency for the purposes of this legislation which he believes meets the need to provide either care or treatment these persons.