Pat Rabbitte (Dublin South West, Labour)
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Question 182: To ask the Tánaiste and Minister for Health and Children when it is intended to end the practice of involuntary committal of patients to psychiatric hospitals under the mental health Act of 1945 in view of the unsatisfactory nature of the Act and the serious concerns expressed by human rights groups concerning the procedures used under this legislation; and if she will make a statement on the matter. [5852/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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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.

The Deputy will be aware that the commencement of the legislative provisions for tribunals has been delayed for some time due to an industrial relations dispute. The issue was resolved in late January and the Mental Health Commission is currently putting in place the necessary arrangements for the establishment of mental health tribunals. Accordingly, I hope to commence the relevant provisions of the Act as soon as is feasible in 2006.

While I appreciate the need to implement in full the provisions of the Mental Health Act 2001 as soon as possible, the Mental Treatment Act 1945 does contain a number of safeguards to protect the interests of persons who are involuntarily detained. Such safeguards include the right of appeal, as appropriate, to the Minister, the President of the High Court, the Registrar of Wards of Court, the HSE or the Inspector of Mental Hospitals and the right to complain.