Seanad debates

Thursday, 30 October 2008

Mental Health Bill 2008: Committee and Remaining Stages

 

7:00 pm

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)

For all these patients, the procedure, if this case goes down tomorrow, will be that a new renewal order must be made before five working days have elapsed. When that new renewal order is made, an independent psychiatrist must review these patients who also will go before a tribunal at which a different psychiatrist, a lawyer and a layperson will review their cases. This process happens all the time as new renewal orders are made. The Department is very proud of this legislation. It is highly progressive and pro-patient. I remember the dark old days when members of one's family could have one detained involuntarily forever and no one ever reviewed the case. Moreover, one did not have one's lawyer, a tribunal and all the safeguards that now are in place. A total of 90% of renewal orders are upheld by the tribunal. In approximately 10% to 11% of cases, the renewals are set aside. While a high percentage of renewals are confirmed, in a small percentage of cases they are not. Obviously that is for good reasons and one must have no alternative except to involuntarily detain such people, essentially for medical reasons pertaining to their treatment, safety and well-being, before an order to involuntarily detain can be made.

I am unsure whether Senator O'Toole is satisfied. All the procedures in sections 15, 16 and so on——

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