Gerry Adams (Louth, Sinn Fein)
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629. To ask the Minister for Health if it is within the remit of An Garda Síochána to investigate offences under the Mental Health Act 2001; and if he will make a statement on the matter. [10175/16]

Simon Harris (Wicklow, Fine Gael)
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The Mental Health Act 2001 addresses two main requirements in the provision of mental health care in a modern society. Firstly, the Act sets out the legislative framework within which persons with a mental disorder may be admitted, detained and treated involuntarily in approved centres. Secondly, the Act provides for the promotion and maintenance of quality standards of care and treatment that are regularly inspected and properly regulated.

The Garda Siochána have been given certain powers under the Act. For example, the Gardaí may sign an application to involuntarily admit a person to an approved centre. In addition the Gardaí have the power, in certain circumstances to enter a premises, to take a person into custody if they believe that person has a mental disorder and because of that mental disorder they may harm themselves or others. The Gardaí may also be asked to help staff transport a person to an approved centre for examination.

While the Mental Health Commission has the power to prosecute summary offences (section 74 of the 2001 Act) and in doing so will issue the summonses, it is the Gardaí and DPP who deal with all other offences set out in the 2001 Act. The Commission is also obliged to report all possible criminal activity which may come to its attention to the Gardaí, save for those matters which it is specifically provided that they can deal with under the 2001 Act. Finally, the power to carry out investigations under Section 51 of the Act does not provide for investigations to be carried out by the Gardaí but it is possible that such an investigation could uncover a criminal matter which would have to be reported to the Gardaí.