Pat Rabbitte (Dublin South West, Labour)
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Question 263: To ask the Minister for Justice, Equality and Law Reform the progress his Department has made in implementing measures to divert persons with mental health problems from the criminal justice system as recommended by the Department of Health and Children expert group on mental health policy in the publication entitled A Vision for Change; and if he will make a statement on the matter. [31428/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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It is important to note that there is a wide range of circumstances where a person with a mental health issue can interact with the criminal justice system. It is a complex issue and there is not one simple solution that addresses all the issues involved. There are persons who commit criminal offences and have or have subsequently developed mental health problems unrelated to their criminal behaviour. While these persons need treatment, it may not always be appropriate that they be diverted away from the criminal justice system.

There are other persons who commit very serious criminal acts but their mental health is such that they are either not fit to be tried or if fit to be tried are found not to be criminally accountable for their actions because of mental disorder. As is appropriate, such persons do come before the criminal courts but are diverted away from the possibility of imprisonment by virtue of the provisions of the Criminal Law (Insanity) Act, 2006. The Act makes provision for the diversion of persons, in certain circumstances, appearing before the courts on criminal charges who are suffering from a mental disorder as defined, away from prison to either a designated centre (i.e. a psychiatric centre) where they may receive any necessary in-patient care or treatment or, where appropriate, outpatient care or treatment. This applies in circumstances where the court determines that an accused person is unfit to be tried having heard evidence from an approved medical officer that the person is suffering from a mental disorder.

In addition, section 5 of the Act provides that, following a verdict of not guilty by reason of insanity, if the court is satisfied, having considered a report from an approved medical officer, that the person concerned is suffering from a mental disorder as defined and is in need of in-patient care or treatment, the court must commit the person to a specified designated centre.

Having said that my Department and the Irish Prison Service are only too well aware that there are other individuals suffering from mental illnesses who continue to find themselves before the courts arising from behaviour which can be attributed to that illness in circumstances where it would be in everyone's interest to have the issue addressed as a health issue rather than a criminal justice issue. In that regard my Department and the relevant criminal justice agencies are cooperating with the Department of Heath and Children in seeking to identify ways in which this issue can be resolved.

The Report of the Expert Group on Mental Health Policy, "A Vision for Change" acknowledges gaps in the current provision for forensic mental health services and recognises that such services should be available in all areas where law enforcement agents are likely to encounter individuals with severe mental health problems. The Government has accepted the Report as the basis for the future development of mental health services in this state.

Implementation of the individual recommendations of "A Vision for Change" is a matter primarily for the HSE. In July 2006, the HSE established an implementation group to ensure that mental health services develop in a synchronised and consistent manner across the country. I understand that the HSE intend to publish an implementation plan shortly which is to include a timed and prioritised set of short, medium and longer-term goals.

The Forensic Mental Health Service functions mainly as an in reach service to prisons, providing clinics and consultations on request, and where necessary, advising on the transfer of persons to the Central Mental Hospital. Staffing in the Forensic Mental Health Service has now been increased to seven consultant psychiatrists and six fully staffed, multidisciplinary teams. This has enabled the HSE to further strengthen forensic mental health services in 2007, with the assignment of one consultant psychiatrist and appropriate staff, on a full time basis, to the remand prisons.