John Moloney (Laois-Offaly, Fianna Fail)

I understand from where the Senator is coming in this regard. Senator Fitzgerald asked who would bear responsibility for any difficulties that arise for patients, their families or the hospital concerned. Responsibility would lie with the HSE rather than the commission because the company involved is contracted directly to the HSE. Some time ago there was a change whereby the employees of the company became employees of the HSE for the sake of regulation. No cost factor was involved, it was purely a transfer of responsibility. There is nothing to stop another company vying for part of the market but the HSE would have to be satisfied that the other contractor would have equal status and responsibility.

The vetting of staff is the most important area. Current practice in terms of the contract for the service requires the external agency to provide suitably-qualified mental health professionals, such as qualified psychiatric nurses and allied health professionals. The professionals would have to meet the standards required by the Mental Health Commission. Often when we think of privatisation of services, we think of the quick buck merchant but this is far from that. They must conform with the regulations of the Mental Health Commission, they must be qualified professionals and, taken in context of the review each year, they must have Garda clearance.

The guidelines for the external assisted admissions service will be revisited in light of the amending legislation due shortly. To say something will arrive shortly in the context of mental health is never enough but the amended legislation will deal specifically with the questions of protocols, safeguards and the assurance that the people who will participate in this activity will be fully qualified, and monitored by the HSE, the Department and gardaí. HIQA standards will also apply.