Mary Harney (Dublin Mid West, Progressive Democrats)

Perhaps the last point is relevant to some of the other issues raised. Notwithstanding these forms, patients are reviewed all the time and are seen on a weekly basis by their psychiatrists. The argument advanced by the Attorney General in this case is along the lines of section 28 of the Act, that notwithstanding the forms and whether they are deficient, this does not take from the discretion that the consultants exercise under section 28. It is important to make that point. Clearly, I could not advance legislation in the House unless the Attorney General advised it was constitutional. I am not interfering with the rights of this plaintiff. Nothing that is happening in this House tonight can take away from the rights this plaintiff has under the legal proceedings she has initiated, or of any other person who initiates proceedings between now and the time the President signs this legislation this evening.

The Government, as a precautionary measure in the event of this case going down tomorrow, is putting in place legislation that in effect is of temporary duration. Its sell-by date pertains to the aforementioned 209 patients and is five working days from the time it is enacted, which effectively is next Thursday. In addition to the five working days, two non-working days, Saturday and Sunday are available and I am advised by the HSE that this time will be sufficient. I refer to the extraordinary work that was carried out since last Friday by consultant psychiatrists, notwithstanding the bank holiday weekend. This is a holiday period and some of us got a break. However, the consultants came into the 40 HSE sites, that is, the 40 hospitals in which patients are involuntarily detained, and reviewed all those cases.

Senator Fitzgerald asked me a question that I cannot recall.