John Perry (Sligo-Leitrim, Fine Gael)
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Question 101: To ask the Tánaiste and Minister for Health and Children if she will address the concerns raised by a person (details supplied); and if she will make a statement on the matter. [6435/05]

Tim O'Malley (Limerick East, Progressive Democrats)
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The Mental Health Act 2001 was signed into law by the President in July 2001. However, its key provisions concerning the independent review of involuntary admissions have not yet been commenced. The Mental Health Commission, established under the provisions of the Act, is currently putting in place the infrastructure required for its commencement.

Under the provisions of the Mental Health Act 2001, mental health tribunals, operating under the aegis of the Mental Health Commission, will conduct a review of each decision by a consultant psychiatrist to detain a patient on an involuntary basis or to extend the duration of such detention. The review will be independent, automatic and must be completed within 21 days of the detention-extension order being signed. As part of the review process the mental health tribunal will arrange, on behalf of the detained person, for an independent assessment by a consultant psychiatrist and the commission will also operate a scheme to provide legal aid to patients whose detention is being reviewed by a tribunal.

While the detailed work programme of the Mental Health Commission is a matter for the commission itself to determine, in accordance with its statutory functions under the Mental Health Act 2001, I understand that the establishment of the mental health tribunals is a priority for the commission.