Róisín Shortall (Dublin North West, Labour)
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Question 259: To ask the Minister for Health and Children if she will publish legislation setting out the way the dignity of persons and the protection of human rights will be safeguarded in the planning and delivering of mental health services as suggested in A Vision for Change; and if she will ensure that those responsible for such services are familiar with the rights and responsibilities that flow from human rights standards in order to ensure that the core values in A Vision for Change are to be made meaningful. [20988/08]

John Moloney (Laois-Offaly, Fianna Fail)
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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 promote 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 the Mental Health Tribunals, under the auspices of the Mental Health Commission. The Tribunals 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 latter as a consequence of a renewal order at 3,6 and 12 month periods.

I am satisfied that the commencement of the full provisions of the Mental Health Act 2001 brings Irish mental health law into compliance with international conventions, including the European Convention for the Protection of Human Rights and Fundamental Freedoms.