Frank Fahey (Galway West, Fianna Fail)

I thank Senator Henry for raising this matter on the Adjournment. I assure the House that work continues towards ensuring that appropriate child and adolescent psychiatric inpatient services are put in place without delay. In addition, I assure the Senator that it is not anticipated that the Mental Health Act 2001 will lead to individuals being brought before the courts in the circumstances she outlined.

As the Senator said, the full provisions of the Mental Health Act 2001 will come into force from 1 November. This is significant legislation which replaces the outdated 1945 legislation that currently governs involuntary detentions of people suffering from mental disorders.

The Department of Health and Children, the Health Service Executive and the Mental Health Commission have been working together to ensure the successful implementation of the Act. It defines a child as anyone under the age of 18, bringing mental health law in line with other legislation. A very small number of children require involuntary admission due to mental illness. However, we have an obligation to provide the highest standards of care and treatment to this vulnerable group.

It is accepted that additional beds for the treatment of children are needed. This was outlined in a Vision for Change and these required facilities will be delivered within the capital programme of the HSE. In the meantime, children and adolescents requiring inpatient treatment, both voluntarily and involuntarily, will continue to be admitted to adult units when necessary. Recognising this interim situation, the Mental Health Commission has prepared a draft code of practice on the treatment of children in adult facilities.

The HSE established a working group on child and adolescent mental health services. The group consisted of representatives from the Irish College of Psychiatrists, the Irish Hospital Consultants Association, the Irish Medical Organisation, senior HSE managers and practitioners. The group explored options capable of creating immediate additional capacity for the regional provision of inpatient facilities for those children and adolescents who require involuntary admission under section 25 of the Mental Health Act 2001. The group's report has been adopted by the HSE.

The report proposes how services can best be delivered in an integrated and holistic way and has identified additional inpatient bed capacity for children and adolescents. Each HSE region will identify three or four beds in adult units for the treatment of children and adolescents on an interim basis pending the provision of dedicated units. Each unit will be supported by a consultant-led child and adolescent multidisciplinary team. Staff in these units will receive additional training and appropriate clearance.

Eight additional consultant-led child and adolescent psychiatric teams per year will be established nationally for the next four years to enhance community and inpatient services. This year the HSE has allocated an additional €3.25 million for this purpose and recruitment is under way.

As the Minister for Health and Children has previously stated, it is not acceptable for children and adolescents to be treated in adult units. However, the Mental Health Act 2001 does not prevent the treatment of children in approved adult facilities. Therefore, the question of somebody being brought before the courts and subjected to a custodial sentence or a fine does not arise.

I am sure the House will agree that the full implementation of the Act from 1 November next is to be welcomed as this will provide without any further delay much needed protection to all adults and children who are involuntarily detained. I take on board the points made by the Senator and I will convey them to the Minister for Health and Children.