Liz McManus (Wicklow, Labour)
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Question 196: To ask the Tánaiste and Minister for Health and Children if hospitals are entitled to ignore the provisions of the 2001 Mental Health Act with regard to forced treatment, on the grounds that the Act is not yet applicable to them; and if she will make a statement on the matter. [33457/05]

Liz McManus (Wicklow, Labour)
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Question 197: To ask the Tánaiste and Minister for Health and Children if hospitals are entitled to ignore the provisions of the Mental Health Act 2001 with regard to forced treatment for reasons that the Act is not yet applicable to them; and if she will make a statement on the matter. [33463/05]

Dan Neville (Limerick West, Fine Gael)
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Question 206: To ask the Tánaiste and Minister for Health and Children the position regarding the application in full of the Mental Health Act 2001; and if she will make a statement on the delay in introducing all provisions of the Act. [33367/05]

Tim O'Malley (Limerick East, Progressive Democrats)
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I propose to take Questions Nos. 196, 197 and 206 together.

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. 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 that the interests of detained persons are protected. To facilitate the establishment of the commission, sections 1 to 5, 7 and 31 to 55 of the Act were commenced in 2002. No further sections of the Act have been commenced to date.

A priority for the commission and for the Government at present is to put in place the structures required for the operation of the mental health tribunals, as provided for in Part 2 of the Act. Mental health tribunals will conduct a review of each decision made by a consultant psychiatrist to detain a person 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 or 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. The commission has been in discussion with my Department, the Health Service Executive and other relevant agencies in recent months to ensure that all elements of the organisational and support systems required are in place prior to the commencement of Part 2 of the Act. Extensive discussions also took place with the Irish Hospital Consultants' Association and the Irish Medical Organisation with a view to securing the co-operation of their consultant psychiatrist members with the implementation of Part 2. No agreement was reached in these discussions, despite a commitment on the management side to invest significant additional resources in the mental health services.

The Secretary General of my Department has now raised the matter of the continuing refusal of the IHCA and the IMO to co-operate with the implementation of the Mental Health Act 2001, with the health service national joint council. This relates particularly to the participation of their consultant psychiatrist members on mental health tribunals under the legislation. The Secretary General has made it clear that, unless confirmation of their willingness to co-operate with the implementation of the Act is forthcoming, implementation of the next pay increase due under Sustaining Progress, with effect from 1 December 2005, to consultant psychiatrists would not be warranted.