Frances Fitzgerald (Fine Gael)

Will the Minister confirm that each patient to be reviewed will have access to a mental health tribunal, with most having been before one already? With the new assessment and renewal to be made, will each patient have access to such a tribunal?

It is interesting that the form ran into difficulties because it mentioned three-month, six-month and nine-month periods. I understand the Attorney General advised the consultant psychiatrist looking at the detention of each patient to ensure the detention was lawful by reference to the criteria set out in the Act while also exercising the discretion as to the appropriate duration of the detention, which can be any period as is appropriate up to and including the limits specified in the various sections.

I understand some of the difficulties the Irish College of Psychiatrists are concerned about deal with being able to name a period of time, which is not always possible. Has that been considered by the Minister and will she comment on it?

Article 40 of the Constitution provides a mechanism whereby the legality of a detention is challenged. Will the Minister inform the House further on the Attorney General's advice about Article 40? Is the Minister sure it is within the competence of the Oireachtas to enact legislation to continue the unlawful detention of any person and is she sure such legislation would rightfully have the presumption of constitutionality? Will she comment on the Attorney General's advice about the constitutionality of what we are doing this evening?