Brendan Smith (Cavan-Monaghan, Fianna Fail)

I thank the Acting Chairman for his welcome and appreciate the warm welcome of Senator Henry.

I am addressing this matter on behalf of my colleague, Deputy Mary Harney, Minister for Health and Children, who is unavoidably absent. She is bereaved by the loss of her mother and I am sure I am speaking on behalf of everybody when I extend to her and to all her family our sincere sympathy.

I thank Senator Henry for raising this matter. As the Senator is aware, the full provisions of the Mental Health Act 2001 came into operation in November 2006. The Act provides significant safeguards for people who suffer from a mental illness. All instances of involuntary detention are now automatically reviewed by an independent mental health tribunal.

In the first seven months of the full operation of the Act, more than 1,200 mental health tribunals have been held to review instances of involuntary detention. In these seven months, eight mental health tribunals were held to review proposals to transfer a patient to the Central Mental Hospital. The Act does not allow for the direct involuntary admission of a person to that hospital. However, if the clinical director of an approved centre believes it would be for the benefit of a patient, or necessary for the purpose of obtaining special treatment, the clinical director may propose the transfer of the patient thereto. The proposal is then reviewed by a mental health tribunal.

The transfer of a patient to the Central Mental Hospital cannot take place until a mental health tribunal has determined that such a transfer would be in the best interest of the health of the patient concerned and until the period for the bringing of an appeal to the Circuit Court has expired. If an appeal is made, the transfer cannot take place until after the appeal is either determined or withdrawn.

In April this year, the then Minister of State with special responsibility for mental health undertook a review of the operation of the Act following consultation with a wide range of stakeholders. Senator Henry referred to this earlier. The issue of transfers to the Central Mental Hospital was considered as part of the review. The review acknowledged that the time period required by the Act before a patient may be transferred to the Central Mental Hospital can cause difficulties for approved centres. However, it would not be appropriate to erode the safeguards afforded to patients by making it easier or quicker to transfer a patient to the Central Mental Hospital.

People with mental illness should be cared for and treated in the least restrictive environment possible. I do not consider it appropriate to amend the Act to allow for direct involuntary admission to the Central Mental Hospital or to lessen the protection afforded to patients in other approved centres. I appreciate the difficulties that may be experienced by local services but these will be addressed by the development by the Health Service Executive of regional intensive care rehabilitation units for patients who may be difficult to manage, as recommended by A Vision for Change.

I understand Senator Henry is not seeking re-election to this House. I wish to compliment her on a very long and illustrious career in the Upper House of the Oireachtas. I developed a friendship with Senator Henry over many years from when we both served on the British-Irish Interparliamentary Body. I always recall her positive contribution and outlook towards the development of relationships between our two islands. We were both members of that body at a time when the relationship between our two nations were not as productive nor as friendly. Thankfully we have arrived at a period of peace. I compliment Senator Henry on her contribution to the Oireachtas.