John Moloney (Laois-Offaly, Fianna Fail)

I thank Senator Bacik for not moving amendment No. 2 and I make a clear commitment to deal with these issues on Report Stage.

It is fair to state that we do not come to the House to oppose amendments. Far from it; we want the completed legislation to have the central tenets of what is proposed and suggested in A Vision for Change and that is from where I begin. Senator Bacik made reference to the involvement of the Irish College of Psychiatrists and this must be taken into consideration as it comes from a position of experience and care.

I will take into consideration the suggestions made and we have time prior to Report Stage to do so. The effect of the amendment would deny the District Court the power to refer a person for examination to a designated centre. I want Members to be aware of that implication. This would deny to the court the opportunity to receive a report from a consultant psychiatrist on whether a person is suffering from a mental disorder and in particular whether a person is in need of patient care and treatment in a designated centre. The power of the courts to have such reports before them prior to considering depriving a person of liberty is considered necessary to comply with the requirements of the European Convention on Human Rights. It is also required to be consistent with provisions of mental health legislation. In that context, persons dealt with in the District Court are just as entitled to the protection of such rights are persons dealt with by the higher courts. In that context, I find it difficult to accept the amendment. However, this is not to suggest I will not take into account this suggestion. While I am rejecting the amendment, I do so with the proviso that I will take into account what has been mentioned in the House rather than ignoring the solid statements of support for the amendment which I will take into consideration.