Seanad debates

Thursday, 30 October 2008

Mental Health Bill 2008: Second Stage

 

7:00 pm

Photo of Geraldine FeeneyGeraldine Feeney (Fianna Fail)

I welcome the Minister and commend the Bill to the House. This is a short Bill but it is important legislation. It aims to validate 209 renewal orders which are in force under the Mental Health Act 2001 and to make lawful the detention of those patients. The need for the new Bill has arisen from High Court proceedings concerning a patient detained under section 15 of the 2001 Act. This arose from questions asked by a judge and gave rise to the patient being granted a request for a hearing. That judgment will be released tomorrow and I commend the Minister on being proactive and bringing the legislation to this House today.

The Minister is acting on best clinical, as opposed to legal, advice. It is about patient safety, and the type of patients we are discussing are very vulnerable people who may sometimes be a danger to themselves and others. The form as it exists was not correct. The choice was detention for three, six or 12 months, and a box was ticked to say which period applied. The new form is more patient-focused. It will give a better choice to clinicians and patients as to the length of time their detention will be.

As the Minister pointed out, involuntary detention is not done lightly. There are three psychiatrists and a member of the Mental Health Commission involved. Other accommodations and options are considered. It is probably the last thing that is done and it is done in the interests of the patient and his or her safety.

I welcome the legislation. I thank the Minister for her good briefing, for acting swiftly in bringing this Bill to the House and the Dáil before the judgment is released tomorrow. I thank the hard-working officials from the Department for preparing the Bill and giving good advice to us today. I wish the Bill a speedy passage.

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