Seanad debates

Wednesday, 16 May 2018

Mental Health (Amendment) Bill 2017: Report and Final Stages

 

10:30 am

Photo of Jim DalyJim Daly (Cork South West, Fine Gael) | Oireachtas source

I respect the wishes of the House if it wants to put this to a vote. I do not want to repeat the points I have already made. As outlined, advice is required on whether orders should refer to a period of three months and not to mention the six months proposed in the amendment.

As I have said, the court judgment raised a number of issues we need to tease out. This matter is complex. It has been the subject of detailed scrutiny in the courts. It is not a matter that we can do justice to here and in respect of which I can answer the questions in the detail required. We may have to examine all aspects. Being more prescriptive, we could be opting for three months whereby one should be entitled to a review within that period.

The only guarantee I can give is that if we go ahead today, we will have to return to this matter. There will be wider acknowledgements with which we will have to deal. It would be more coherent, constructive and clear for everybody, particularly Members, if we dealt with this in one sitting. I respect the will of the Seanad, however. As a member of the Government, I assure Senators, based on my advice, that my stance is not to be unco-operative but to allow me to deal with the complexities of the judgment of the court, which I wholeheartedly support. In this regard, I would prefer if we continued to work together on it. Ultimately, however, it is a the decision for the House.

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