Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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123. To ask the Minister for Health the number of persons incarcerated in psychiatric institutions here in the 1950s; if any investigations have taken place to investigate the reason this occurred or any specific cases; if there are any reviews planned; and if he will make a statement on the matter. [9424/15]

Kathleen Lynch (Cork North Central, Labour)
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Official statistics, as indicated by the annual Reports of the Inspector of Mental Hospitals, in respect of persons in psychiatric facilities as at 31st December in the years 1950-1959, are as follows:

There no plans to carry out an investigation along the lines suggested by the Deputy. The involuntary admission of persons to a psychiatric hospital or unit in the 1950s was governed by the Mental Treatment Act, 1945. The Act allowed for the admission and detention without their consent, of a person as a 'temporary patient' or a 'person of unsound mind' following an application received and accompanied by a medical certificate, signed by a doctor and on foot of a reception order signed by a consultant psychiatrist.

There were no provisions in the 1945 Act for an automatic right of appeal to an independent judicial body against a person's involuntary detention in a psychiatric hospital. However, the Act did provide patients with the right to write a letter to the Minister for Local Government and Public Health, the Inspector of Mental Hospitals or the President of the High Court. It also required the Inspector of Mental Hospitals, in the course of his inspections, to visit any patient "the propriety of whose detention he had reason to doubt".

The Mental Health Act, 2001 significantly modernised procedures relating to involuntary admission by establishing for the first time independent Mental Health Tribunals which review, and affirm or revoke detention orders. Patients now have the right to be heard and to be legally represented at the Tribunal.

The Deputy will be aware that the Mental Health Act, 2001 has been reviewed by an Expert Group, and I intent to publish that review shortly.