Eamon Gilmore (Dún Laoghaire, Labour)
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Question 170: To ask the Tánaiste and Minister for Health and Children if, in relation to the mental health tribunals provided for in the Mental Health Act 2001, her attention has been drawn to the fact that the position of her role in appointing, directly or indirectly, tribunal members who decide if someone should be detained in a mental hospital may be in breach of the principle of natural justice and also of Article 5 of the European Convention of Human Rights; and if she will make a statement on the matter. [35463/05]

Tim O'Malley (Limerick East, Progressive Democrats)
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The Deputy appears to be referring to a legal opinion reported recently in the media. I am advised that the provisions of the Mental Health Act 2001 are fully in conformity with this country's obligations under international law, including the provisions of the European Convention on Human Rights and Fundamental Freedoms.