Seanad debates

Wednesday, 8 July 2009

Health (Miscellaneous Provisions) Bill 2009: Committee and Remaining Stages

 

12:00 pm

Photo of John MoloneyJohn Moloney (Laois-Offaly, Fianna Fail)

I did not mean to create the impression that all of the involuntary admissions were being conducted by private agencies. Involuntary admissions are still being carried out with the support of existing staff in the services. The majority of cases where the outside agency assisted have occurred in the Dublin-Wicklow region. Throughout the country the demand for staffing in the psychiatric area is not as great as it is in Dublin. To ensure people who might harm themselves are brought to the centre in the absence of staff numbers, the HSE decided to involve the external agency.

There has been some confusion about the role of gardaí. Gardaí cannot be called to assist at an admission because the clinical director does not have sufficient staff to effect the admission. In other words, the Garda cannot be used. If a clinical director wants to take an involuntary admission and there are difficulties in providing staff, he or she cannot rely on the Garda. While I know the Senator is aware of this, it is important to realise that gardaí cannot be called on their own. The 2001 Act provides that where a clinical director believes a patient is likely to cause immediate and serious harm to himself or others the Garda can be requested to assist members of staff to admit or return the person to an approved centre.

The proposed amendment simply provides that the Garda may be called upon to assist members of staff or authorised persons. There are no changes proposed with regard to the power to enter a premises by force. Such power is confined to the Garda and is not available to members of staff of the approved centre or the authorised officer. We are talking about approved personnel who have been properly vetted. The Garda is there as a stand-by and its members' particular professional expertise is relied upon.

I take the point made by Senator Prendergast. I presume she is asking about the process of involuntary admission whereby external agents or existing psychiatric nurses are asked to escort somebody, if that is the right word, to a centre that is below standard.

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