Maria Byrne (Fine Gael)

I thank the Minister of State for coming here today to discuss this all-important topic. I know about her passion for and commitment to this Bill and how long she has been working on it to make sure it is right. It is incumbent on all of us to ensure the Bill is right when it leaves this House. I welcome many of the changes that have been made, but there are one or two things I wish to raise. The Minister of State mentioned that only two people under 17 are currently in this category, but when are we going to have age-appropriate units in order that children will not be in the same facility as adults? Even though it is quite a low number and it was a lot higher previously - I compliment the Minister of State on that as her personal drive and commitment helped to reduce it and I know she has been observing it as we spoke about it previously - we should have a unit because sometimes there are issues around young people. I know one or two young people who have been through the system and although they have come out the other side stronger than when they went in, I am not sure it is right for them to be in a place with adults.

I know somebody who has spent quite a bit of time within the unit. He went from being a normal person to becoming physically violent. There were a lot of issues with the person, but he was also depressed and not in a good place. This person was self-harming and harming the nurses or staff. He was medicated. Is there a record kept of those medications? I understand very strong medication is used in these kinds of circumstances. Some people have raised with me their concerns around the whole medication side of it. The wife of this man actually agreed at the time that he needed to be medicated but they were concerned about the long-term effects. Are there any other ways to help this man that can be looked at? It is unfortunate. He is out of the system now but he is still in and out of the services. He spent three years being looked after in the unit. I compliment the staff who worked with this man and got him out the other side. It was a big shock for the family that a person who had been well would end up with these issues.

Advocacy was raised by Senator Costello. There should be some sort of an independent mechanism whereby a person can lodge a complaint or bring forward any concerns. An independent person could oversee this. Will anything like that be looked at? It is important to have somebody who is independent and uninvolved. I am not taking from anybody who is doing their best within the system, but there needs to be an independent mechanism through which issues or concerns can be raised. The representative should have the right to either investigate or deal with it and come back with some recommendations.

I met with representatives from Mental Health Reform and they raised issues relating to sections 48 and 51. They felt the sections were stronger before the changes were made. I am not sure if the Minister of State wishes to comment on that. I know she has been looking at different sections. It is something she might be able to consider and come back on at a later time if she does not wish to comment today.

Those who presents themselves to be assessed or whatever sometimes do so on their own. I am not sure it falls within the scope of the Bill but it would be worthwhile if they could have somebody with them to offer support or to be there with them. It is quite a frightening place to be.

I am interested in the fact that An Garda looked to be taken out of the system. I had a case in Limerick where neighbours came to me as they were concerned about elder abuse. It was a family member who was possibly mentally abusing his or her mother, giving out to her and constantly putting her under pressure. It was An Garda Síochána that resolved that issue and had that person sent for treatment. When the mother was asked to make a statement about her family member, she was afraid to do so and refused. It was the advocacy of the community garda that resolved that issue, and it was resolved to satisfaction. I raise it as a concern because if there is a fear factor that means a family member is not going to raise the issue or agree with the sentiments as to what it is, and there is nobody outside the family who can do so, there need to be some other mechanisms. Maybe there is something else that can be looked at in relation to that.

Overall I commend the Minister of State on her work to date. I look forward to working with her through all the other Stages. I am sure she has other amendments she is bringing forward. Well done to her and her Department.