Finian McGrath (Dublin North Central, Independent)
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379. To ask the Minister for Health the position regarding a domestic situation (details supplied) in Dublin 5; and if he will make a statement on the matter. [43022/14]

Kathleen Lynch (Cork North Central, Labour)
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The Mental Health Act 2001 is the key piece of legislation regarding the rights of people involuntarily detained and treated in approved centres within our mental health services.

For a person to be legally detained under the Act, that person must have a mental disorder as defined in section 3(1) of the Act. Only those who are formally diagnosed with a mental disorder by a Consultant Psychiatrist may be detained under the Act.

Section 8(2) of the Act specifically prohibits the detention under the Act of individuals who suffer from a personality disorder, are socially deviant, or are addicted to drugs or intoxicants. Where individuals with such conditions are also diagnosed with a mental disorder, then they may be subject to detention but only because of the presence of a mental disorder.

While the Expert Group review of the Mental Health Act is to be completed in the coming weeks, I have no expectation that a change along the lines proposed will be recommended in the review. I would not accept that individuals with addiction problems should be treated without their consent unless there is also a diagnosis of a mental disorder by a Consultant Psychiatrist.

Treatment is of course available to individuals with addiction in the normal way.