Terence Flanagan (Dublin North East, Fine Gael)
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252. To ask the Minister for Health the number of psychiatrists needed for the procedure aregarding a person being sent to a mental institution; and if he will make a statement on the matter. [20704/13]

Kathleen Lynch (Cork North Central, Labour)
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I presume the Deputy is referring to the involuntary admission of a person to an approved centre on the grounds that he or she is suffering from a mental disorder. Such admissions are governed by the Mental Health Act 2001, which sets out the formal procedures that must be followed where an application to detain a person as an involuntary patient has been made.

An application for a recommendation that a person be involuntarily admitted to an approved centre may be made to a Registered Medical Practitioner who following examination of the person, must be satisfied that he or she is suffering from a mental disorder as defined in Section 3 of the Act. If satisfied that the person is suffering from a mental disorder, the Registered Medical Practitioner will make a recommendation that the person be involuntarily admitted to the approved centre. A Consultant Psychiatrist in the approved centre will examine the person within 24 hours of taking charge of the person and if the Consultant Psychiatrist agrees that the conditions for involuntary admission are met, he or she will sign the admissions order, which shall authorise the reception, detention and treatment of the person for a period no longer than twenty one days.

All involuntary admissions are automatically reviewed by a Mental Health Tribunal. The review is independent, automatic and must be completed within 21 days of the admission or renewal order being signed. Each Mental Health Tribunal is made up of three members, one of whom shall be a Consultant Psychiatrist who is not involved in the care of the person concerned. In addition, the Tribunal will appoint an Independent Consultant to examine the person and their records as well as interviewing the Consultant Psychiatrist responsible for the care of the patient if necessary. The Independent Consultant Psychiatrist will then produce a report for the Tribunal. If a majority of the members of the Tribunal are satisfied that the patient is suffering from a mental disorder and that the relevant provisions of the Act relating to admission and detention have been complied with, they will affirm the admission order.

The Mental Health Act 2001 is being reviewed at present in line with the commitment contained in the Programme for Government to review the Act "informed by human rights standards and in consultation with service users, carers and other stakeholders". I established an Expert Group in August last year to carry out the second and substantive phase of the review and it is expected that the Group will publish its report in quarter 2 this year.