Written answers

Wednesday, 1 July 2009

Department of Health and Children

Mental Health Services

11:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 35: To ask the Minister for Health and Children if she is satisfied that mental health services offer adequate patient protection; and if she will make a statement on the matter. [26429/09]

Photo of John MoloneyJohn Moloney (Laois-Offaly, Fianna Fail)
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The Mental Health Act 2001 provides a modern legal framework for the admission and treatment of persons with a mental disorder. The best interests of the person must be the principal consideration in any decisions under the Act, including a decision relating to involuntary admission. The Act has extensive provisions relating to involuntary admissions and provides a high level of protective measures in relation to patients' rights. All involuntary admissions are automatically reviewed by an independent Mental Health Tribunal. The review is independent, automatic and must be completed within 21 days of the admission or renewal order being signed. Involuntary patients are entitled to free legal representation.

The Mental Health Commission, which was established in April 2002, is an independent statutory body whose primary function is to promote and foster high standards and good practices in the delivery of mental health services and to ensure that the interests of detained persons are protected. The 2001 Act also established the Office of the Inspector of Mental Health Services, the function of which is to monitor the standard of care provided in approved centres and any other premises where mental health services are provided. The reports of the Inspector on approved centres are published on the Mental Health Commission website. The Inspector can also be required by the Commission or the Minister for Health and Children to make inquiries relating to any matter which may be appropriate, having regard to the provisions of the Mental Health Act 2001, including the operation of any approved centre or other premises where mental health services are provided, or in relation to the care and treatment of a particular patient.

I am satisfied that the Mental Health Act 2001, which brings Ireland's mental health law into compliance with international conventions, provides robust safeguards and review mechanisms to ensure that the rights of patients are protected.

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