Dan Neville (Limerick West, Fine Gael)
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Question 430: To ask the Tánaiste and Minister for Health and Children further to Parliamentary Questions Nos. 715 of 27 January 2004 and 55 of 16 June 2005, if the Mental Health Commission has inquired into the alleged abuse of a person. [25754/05]

Tim O'Malley (Limerick East, Progressive Democrats)
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Under section 55 of the Mental Health Act 2001, the Minister may request the Mental Health Commission to cause the inspector to inquire into any matter in respect of which an inquiry is appropriate. I invoked my powers in this regard with regard to the case referred to by the Deputy. I can confirm that the inspector of mental health services completed her inquiry and that her report was forwarded to my Department by the Mental Health Commission last March. My Department subsequently sought and obtained legal advice with regard to the contents of the report and whether it might be made public. As the matter is now the subject of court proceedings, it would be inappropriate to make any further comment at this time.