John Moloney (Laois-Offaly, Fianna Fail)

I believe it to be a most generous interim arrangement. I understand that aspects of the Mental Health Act are to be reviewed next year. The measure currently being introduced is an interim measure. I agree with Senator Fitzgerald that - I do not say this just to get off the hook on this one - we must ensure the necessary safeguards and protocols are put in place. In the meantime, we must examine what type of personnel are involved. When one uses the word "privatisation" it is presumed one is talking about a group of competitors in the field who are vying for this work.

The reality is that only one company is doing this work. All of the staff of this company are trained psychiatric nurses whose terms of employment are reviewed on a yearly basis. This, I believe, places a certain level of responsibility on the private provider to ensure its staff are at all times clued into mental health support in terms of the Mental Health Act. Also, all of the staff work in close liaison with the Garda Síochána, which itself infers the Garda will be aware of the personnel with whom it is working. Most important, by way of the provision of comfort to Senators and families and patients, will be the fact that all of the regulations operated by the private company are in tandem with the recommendations of the Mental Health Commission. While they do not have legal status, the private company has a specific professional interest in ensuring that its employees comply with the safeguards laid down. I fully accept that safeguards and protocols have no legal status and I understand the Senator's concern in this regard.

I ask Members, while accepting that a day can be too long when something is wrong, to be patient in the context of this being an interim measure which will be properly legislated for. I do not foresee a situation arising whereby we will have adequate personnel in the nursing profession to assist in voluntary admissions given we are moving towards a community support service in terms of mental health as set out in A Vision for Change. I assure Members that matters such as the type of personnel that can work in this area, their terms of reference and what legal standards will apply will be legislated for.