Seanad debates

Wednesday, 7 February 2018

Mental Health (Amendment) Bill 2016: Committee Stage

 

10:30 am

Photo of Mark DalyMark Daly (Fianna Fail) | Oireachtas source

I will be brief. The arguments outlined by the Senator are well made. This is the place to put in the provisions and the detail of the legislation. Too often we have been replying and relying on guidelines and protocol, most of which are never observed or implemented. The Minister of State needs to look at that. This is not about a token Bill. This is about ensuring that legislation will have an effect on the practices employed. As we have seen tragically time and again our systems are not up to standard. There are no consequences for people who do not follow protocols or guidelines and, as a result, people suffer.That is the result we have seen time and again. Legislation is required to ensure these things will no longer happen and that the Government will stop hiding behind tokenistic Bills and press statements and spend the money when it is available. The detail provided by experts who are aware of what is happening in the field must be taken into account and included in legislation to stop what is occurring from happening. All too often, the Government has been rightly condemned by the courts for not having put facilities in place. However, the courts can take no action because there are no legal grounds for doing so. If the Bill were implemented, the Government would be required to act and ensure facilities were put in place and, if not, ensure mechanisms were put in place for a review in order that we would no longer have to hear about horrific cases. We have heard about but one of many such cases that happen every day. I refer to parents who are lost because the system has failed them. It fails them because there is no legislation in place to dictate to the Government and those who are supposed to be providing the services what they should do. As we have seen time and again, including at the Irish Blood Transfusion Service and Portlaoise hospital, if we were to put more money into the system in order that we would not have to spend it on reports to discover what happened when the system failed, we would have better outcomes. However, legislation is required. The Minister of State has an opportunity to accept the amendments to ensure people would not have to go through car parks and be treated with humanity by the security guard but not by the services.

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