Deirdre Clune (Cork South Central, Fine Gael)
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Question 201: To ask the Minister for Health and Children if she will bring forward her review of the Mental Health Act 2001 in view of the fact that she had to introduce the Mental Health Act 2008 as an emergency measure; and if she will make a statement on the matter. [44690/08]

John Moloney (Laois-Offaly, Fianna Fail)
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A report on the review of the operation of the Mental Health Act 2001 was laid before the Oireachtas in May 2007 in accordance with the provisions of Section 75 of the Act. The report recommended a small number of amendments to the Act and also recommended that given that the full provisions of the Act had only been in operation since the 1st November 2006, a more detailed review be undertaken within 5 years of full implementation i.e. before 1 Nov 2011. In addition, in July 2008, the Mental Health Commission submitted a report on the operation of Part 2 of the Act which made some recommendations for legislative change. Work has commenced on drafting amendments to the Act and it is hoped that Heads of a Bill will be finalised in the New Year.

Given that both reviews which have been undertaken to date involved wide consultation, I am satisfied that there is no need at this stage to bring forward the detailed and comprehensive review planned for 2011. The review of mental health legislation is of course an ongoing process, and in that context, the Mental Health Act 2008 was enacted as an emergency measure to confirm the validity of renewal orders, in light of proceedings which had been taken in the High Court by a detained patient, challenging the validity of her detention on technical grounds.