Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 84: To ask the Tánaiste and Minister for Health and Children his plans to review and modernise legislation that provides for the detention of citizens in psychiatric institutions. [16426/05]

Tim O'Malley (Limerick East, Progressive Democrats)
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The Mental Health Act 2001 was enacted in July 2001. The Act provides a modern framework in which people who are mentally disordered and who need treatment or protection, either in their own interests or in the interest of others, can be treated and cared for. The main vehicle for the implementation of the provisions of the Act is the Mental Health Commission which was established with effect from 5 April 2002. The commission's primary function is to promote and foster high standards and good practices in the delivery of mental health services and to ensure the interests of detained persons are protected.

The detailed work programme of the commission is a matter for the commission itself to determine, in accordance with its statutory functions under the Mental Health Act. However, I understand one of the priorities for the commission is to put in place the structures required for the operation of mental health tribunals. These 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. I understand the commission is working closely with all stakeholders within the mental health services to ensure the mental health tribunals are commenced as soon as possible.