Written answers

Wednesday, 13 December 2006

Department of Health and Children

Mental Health Services

10:00 pm

Photo of John PerryJohn Perry (Sligo-Leitrim, Fine Gael)
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Question 190: To ask the Minister for Health and Children if she will provide information in respect of the introduction of the Mental Health Act 2001; and if she will make a statement on the matter. [43184/06]

Photo of John PerryJohn Perry (Sligo-Leitrim, Fine Gael)
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Question 192: To ask the Minister for Health and Children if she will provide information in respect of the new Mental Health Act 2001 that was activated into law on 1 November 2006; the advice she was given by the Mental Health Commission and the Health Service Executive on the state of readiness of the HSE for the go live on 1 November 2006; and if she will make a statement on the matter. [43186/06]

Photo of John PerryJohn Perry (Sligo-Leitrim, Fine Gael)
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Question 193: To ask the Minister for Health and Children the advice she received from the Health Service Executive and Mental Health Commission on the state of readiness of the HSE in respect to availability of second opinion consultant psychiatrists and authorised officers; if she will provide details on the provision of assisted admissions; and if she will make a statement on the matter. [43187/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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I propose to take Questions Nos. 190, 192 and 193 together.

The Mental Health Act 2001 provides a modern framework within which people who have a mental disorder and require treatment or protection can be cared for and treated. It puts in place mechanisms by which the standards, care and treatment in mental health services can be monitored, inspected and regulated.

Sections 1 to 5, 7 and 31 to 55 of the Mental Health Act 2001 were commenced in April 2002. These involved the establishment of the Mental Health Commission to promote, encourage and foster the establishment and maintenance of high standards and good practice in the delivery of mental health services and to protect the interests of people detained under the 2001 Act. It also provided for the establishment of the Office of the Inspector of Mental Health Services (replacing the former Inspector of Mental Hospitals).

The remaining provisions of the Act were commenced on 1 November 2006. This included the establishment of Mental Health Tribunals, under the auspices of the Mental Health Commission. The Tribunals 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. This brings Irish mental health legislation into line with the European Convention for the Protection of Human Rights and Fundamental Freedoms.

My Department, the HSE and the Mental Health Commission worked closely together to ensure the successful implementation of the Act. The Health Service Executive established a National Steering Group supported by a Liaison Team to prepare for the full implementation of Act. These groups worked closely with mental health service managers, clinicians and service users to ensure the smooth transition to the legislative environment. The HSE also convened a Working Group to develop a proposal for a framework to ensure that second opinions would be sought in a demonstrably independent fashion.

Over €2.2m was provided for staff training and provided intensive and accredited programmes for over 5,000 staff on the Mental Health Act. Tribunal rooms were prepared and equipped in all acute Admission Units and additional Consultant led teams are being recruited. The Mental Health Commission provided extensive training to staff in the mental health services and produced a number of reference guides to the Act which are available on the Commission's website at www.mhcirl.ie.

Regulations setting out minimum standards for centres in relation to the care of residents and the provision of adequate and suitable accommodation were introduced from 1 November 2006. Compliance with these regulations will be monitored by the Inspector of Mental Health Services. Regulations in relation to authorised officers took effect from 1 November 2006. For the purposes of Section 9 of the Mental Health Act 2001 the rank and grade of "authorised officer" is prescribed as Local Health Manager, General Manager, Grade VIII, Psychiatric Nurse, Occupational Therapist, Psychologist or Social Worker.

Under the Mental Health Act 2001, the HSE is obliged to provide an assisted admission service. Where an assisted admission is required, the Approved Centre seeks to establish an Assisted Admissions team from its own staff in the first instance. If this is not possible, the Approved Centre contacts the External Contractor to provide the service. My Department has been informed by the HSE that this arrangement has been working well and is being kept under ongoing review.

In addition, guidance has been provided by the Commission on the following areas:

Involuntary Admission Procedures for Adults

Your Guide to the Mental Health Act 2001

Reference Guide to the Mental Health Act 2001: Part 1 — Adults

Reference Guide to the Mental Health Act 2001: Part 2 — Children.

Photo of John PerryJohn Perry (Sligo-Leitrim, Fine Gael)
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Question 191: To ask the Minister for Health and Children the number of new consultant psychiatrists, psychiatric nurses, social workers, clinical psychologists, occupational therapists and clerical grade posts that have been appointed to date to implement the Mental Health Act 2001; the costs to date on the implementation of the Mental Health Act 2001 and extra spending under each heading; and if she will make a statement on the matter. [43185/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Photo of John PerryJohn Perry (Sligo-Leitrim, Fine Gael)
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Question 194: To ask the Minister for Health and Children the names and grade for each local health office of the appointed authorised officers as required by the Mental Health Act 2001; and if she will make a statement on the matter. [43188/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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The Mental Health Act 2001 (Authorised Officer) Regulations 2006 took effect from 1 November 2006. For the purposes of Section 9 of the Mental Health Act 2001 the rank and grade of "authorised officer" is prescribed as Local Health Manager, General Manager, Grade VIII, Psychiatric Nurse, Occupational Therapist, Psychologist or Social Worker.

Under the Health Act 2004, operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive. The arrangements in relation to the appointment of authorised offices at local level is a matter for the Health Service Executive. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Photo of John PerryJohn Perry (Sligo-Leitrim, Fine Gael)
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Question 197: To ask the Minister for Health and Children the number of children currently being admitted to adult mental health units nationally; the information she was provided with by the Health Service Executive as to its assessment of the number of children being admitted that would be classified as children under the Mental Health Act 2001; and if she will make a statement on the matter. [43191/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Photo of John PerryJohn Perry (Sligo-Leitrim, Fine Gael)
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Question 198: To ask the Minister for Health and Children the provision she is making to have separate facilities to meet the needs of children that require to be admitted to adult units; the details and timeframe as to when the Health Service Executive will have in place the requirements to meet the needs of children as specified by the Mental Health Commission; and if she will make a statement on the matter. [43192/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

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