Frances Fitzgerald (Fine Gael)

I thank the Minister for her contribution and for the briefing she and her officials provided earlier on the need for this legislation. This is obviously the best course to safeguard the health of those persons who have been involuntarily detained and in respect of whom there is uncertainty pending the outcome of the court case tomorrow. It is somewhat unusual to anticipate tomorrow's judgment but, as the Minister observed, precedents exist in this regard where such a course of action was in the interests of certain people.

Is the Minister aware of the letter from the Irish College of Psychiatrists to the Mental Health Commission expressing serious concern about the directives that were issued by the Health Service Executive following the recent High Court case? Concern was expressed that the directive was put in place without any consultation with clinical directors or consultant psychiatrists and that it will prove unworkable in its current form and requires urgently to be revisited. I am pleased to hear from the Minister that the patients concerned have been seen by psychiatrists throughout the State. This was obviously done as an emergency measure. I welcome what has been achieved given that the guidelines were issued only on 24 October, leaving little time for people to become familiar with them and to carry out the assessments.

The review of the mental health legislation presented to the Minister in recent months includes 51 recommendations relating to the Mental Health Acts. While the Minister has come to the Chamber in haste because of what is emerging in the court case in question and the potential adverse effects of that on patients who have been involuntarily detained, there is no denying the need for a revisitation of the Mental Health Acts. Will the Minister outline a timeframe for the type of review suggested in the review report?

I note that we are not dealing today with the mental health legislation but with a procedure that was adopted by the Mental Health Commission. It is somewhat ironic that a fairly minor procedure could lead to catastrophic consequences for the more than 200 patients affected. However, we must bear in mind the potential constitutional implications of what is in effect a procedural point that has been raised in the courts. Will the Minister outline the advice she has received from the Attorney General in regard to the constitutionality of this legislative proposal and whether she is satisfied with that advice? One must invoke the adage that rushed legislation makes bad law. We have seen evidence of that many times. What is at stake here is a person's right to freedom versus a clinician's view of that person's medical need. The Minister referred to this measure as a policy decision as opposed to a legal decision.

Nevertheless, there cannot be a situation where the safety and well-being of more than 200 patients is put at risk owing to an operational or administrative form. We must be practical and put patient safety to the fore. This is not to deny that there are questions to be answered, some of which the Minister dealt with in the Dáil and others which remain to be clarified. When was the Minister first made aware of the case and its possible implications? Will she clarify why two weeks were allowed to elapse before action was taken? Can she guarantee that all involuntarily detained patients who are affected by this legislation will be seen by all necessary clinicians within the five-day period? Will she also offer an assurance that she will meet with the Mental Health Commission to ensure the various forms comply with all legal advice now emerging in regard to best practice and patient safety?

A point was made in an article in The Irish Times about supported accommodation. I hope this is not the issue involved. Nobody should be involuntarily detained simply because suitable supported accommodation is not available. Will the Minister address the points of concern raised by the Irish College of Psychiatrists? Mental health provision was the Cinderella of the health system for a long time. I hope we will continue to focus on the needs of mental health patients in the future.