Seán Ryan (Dublin North, Labour)
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Question 88: To ask the Tánaiste and Minister for Health and Children her response the recent decision of the High Court to award almost €3 million in damages to a person; if she is concerned that the State may be vulnerable to similar legal actions from other people who found themselves in similar circumstances; and if she will make a statement on the matter. [15347/05]

Tim O'Malley (Limerick East, Progressive Democrats)
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It would be inappropriate at this time to comment on the individual case referred to by the Deputy.

As the Deputy may be aware, the Mental Health Act 2001 was enacted in July 2001. The main vehicle for the implementation of the provisions of the Mental Health Act 2001 is the Mental Health Commission, which was established in April 2002. It is an independent statutory body, whose primary function is to promote and foster high standards and good practices in the delivery of mental health services and to ensure that the interests of detained persons are protected.

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 commission's Strategic Plan 2004-2005 indicates that one of the priorities for the commission is to put in place the structures required for the operation of mental health tribunals, as provided for in Part 2 of the Mental Health Act 2001.