Clare Daly (Dublin North, Socialist Party)
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To ask the Minister for Health the protocol in relation to a second independent consultant psychiatrists opinion being required when it relates to a tribunal to determine a patient's freedom, with particular reference to the fees charged for such an opinion, in relation to the signing of forms and claims for travel expenses even though the assessment may have occurred while the psychiatrist was on duty in another hospital; and if he can confirm that a fee of more than €1,000 would be normal for such assessments. [39616/12]

Kathleen Lynch (Cork North Central, Labour)
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The Mental Health Commission establishes a panel of independent consultant psychiatrists for the purpose of giving second opinions in relation to the detention of patients as to whether such patients are suffering from a mental disorder. Under Section 17 of the Mental Health Act 2001 the Mental Health Commission requires such consultant psychiatrists to:

a) examine the patient;

b) interview the consultant psychiatrist responsible for the care and treatment of the patient;

c) review the records relating to the patient, and

d) report in writing on the results of the examination, interview and review to the tribunal.

Consultant Psychiatrists are selected for the panel established by the Mental Health Commission through an open competition. The last recruitment process, which was conducted in 2010 by the Public Appointments Service, involved an on-line application followed by an interview. The fee payable where all this work is completed and the matter proceeds to tribunal is €492. Where the matter does not proceed to tribunal and only part of the process is completed, a fee of €147 is payable in respect of the examination of the patient, €147 in respect of the interview with the treating consultant and €99 in respect of the review of records relating to the patient.

All the above fees are exclusive of travel and subsistence which can be claimed by the consultant at public sector rates applicable in respect of such expenses incurred.