Willie Penrose (Longford-Westmeath, Labour)
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413. To ask the Minister for Health the procedure available to a person pursuant to the current statutory mental health framework, to enable an application be made to have a person's detainment in a psychiatric institution changed from voluntary to involuntary, where that person's medical status so warrants same; and if he will make a statement on the matter. [24641/15]

Kathleen Lynch (Cork North Central, Labour)
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In accordance with Section 23 of the Mental Health Act 2001, where a voluntary patient in an approved centre indicates at any time that he or she wishes to leave the approved centre, then, if a consultant psychiatrist, registered medical practitioner or registered nurse on the staff of the approved centre is of opinion that the person is suffering from a mental disorder, he or she may detain the person for a period not exceeding 24 hours.

Section 24 of the act authorises a person so detained to be examined by another consultant psychiatrist who, following such examination, may determine that the person is suffering from a mental disorder and that he/she should therefore be detained in the approved centre. If the consultant psychiatrist is satisfied that the person is not suffering from a mental disorder, then he/she should be discharged.

All the protections laid down in the act for involuntary patients, including access to mental health tribunals, are then available to such persons in the normal way.

The Deputy will be aware that an Expert Group review of the Mental Health Act 2001 was published in March. I will shortly be seeking Government approval to prepare the General Scheme of a Bill to reflect the recommendations of the review in revised mental health legislation. Further protections are recommended in the review where the question of changing a person’s status from voluntary to involuntary is proposed. The Expert Group review of the act is available on my Department’s website at .