Jim Walsh (Fianna Fail)

I join other Senators in supporting the general thrust of this Bill. It is a short technical Bill, but nonetheless an extremely important one. It arises because of the Criminal Law (Insanity) Act 2006, which was a significant development and a milestone in dealing with this area of law. In particular, sections of the Act dealt with the fitness to be tried and the review of detention.

Since then it has become apparent that the powers of the review board in dealing with discharges was constrained in that it did not have the power of supervision of those conditional discharges and, therefore, issues regarding refraining from alcohol and drugs and taking particular medication were not appropriately defined.

As a consequence of the European Convention on Human Rights Act 2003, a possible lacuna was identified in the 2006 legislation. The Minister in this instance has moved to amend that and has made fairly sensible amendments which will obviously improve the operation of this area.

Indeed, only last night we had a debate at our parliamentary party meeting. Recently, the Minister of State, Deputy Moloney, has been very much to the forefront in much of the public debate in this area and has shown himself to be particularly committed to progressing a new vision for the treatment of persons with mental disability and ensuring the quality of the services which they can access, their living environment and their quality of life will be focussed upon and improved as a consequence of the initiatives and the commitment he has commendably shown since taking up office within the past year or so.

The Bill has to ensure that we do not contravene the European Convention on Human Rights Act by having persons in confinement without absolute due process and without clinical supervision. The Bill will provide that before committing a person to the Central Mental Hospital for examination, the court must first hear evidence from an approved medical officer and it can order that such be carried out, either on an inpatient or on an outpatient basis.

It also will deal with the issue where the review board since its inception was somewhat reluctant to release patients, even though it might have considered them suitable for discharge because there was a doubt about the statutory powers to enforce conditions. Obviously, the Bill addresses this appropriately.

I agree with the comments made by the Minister of State in his opening remarks, and also by Senator Corrigan, about the Central Mental Hospital and the need to ensure that it is able to function to its maximum potential. Obviously, it will be under strain because of the increased workloads that will be applying to it.

I welcome the fact the review board now will be able to make arrangements for the proper supervision of those patients. It is sensible that it can make the discharges subject to those conditions. The clinical director can make arrangements, including specifying the supervision of those particular patients.

I also welcome the fact that subsequent to the discharge the conditions can be varied by the review board on application by the clinical directors involved, and after a period of one year, the review board has the power to grant, refuse or change the conditions.

It is also correct because in all of this there is obviously the dignity and the entitlements of the individuals concerned to consider, but also regard must be taken of their safety and the safety of others as well in certain circumstances.

The Bill also provides that the person may be returned to a designated centre if the clinical director diagnoses that such is necessary because of some material breach of the conditions, and that would obviously subsequently be subject to the review board.

While it is short and technical legislation, it will impact positively on how this entire area is dealt with. I welcome and subscribe to the support other Members have given the Bill.