James Browne (Wexford, Fianna Fail)
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85. To ask the Minister for Health if he has had discussions with the Department of Justice and Equality regarding lacunas in data protection legislation that may be preventing mental health professionals from informing family members or others that are at risk of violence from a patient; and if he will make a statement on the matter. [29077/17]

Helen McEntee (Meath East, Fine Gael)
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It is important to recognise that the Medical Council’s Ethical Guide already specifically allows a doctor to ethically breach confidentiality if, for example, he/she believes that the patient is at risk of harming himself/herself or others. Doctors therefore have existing powers in exceptional circumstances.

The Expert Group Review of the Mental Health Act 2001 which was published in 2015 recommended that there should be greater ‘proactive encouragement for the patient at all stages to involve his/her family/carer and/or chosen advocate in the admission process and in the development of the care and treatment plan with the patient’s consent’. The Group did not recommend that family involvement in the care and treatment of patients be made compulsory. There are some serious downsides to consider in terms of taking an absolute approach where those with mental illness may decide not to confide in their Doctor/medical team if they are strongly against involving family members for whatever reason.

Following on from the Expert Group Review, the Mental Health Commission wrote to all of the Executive Clinical Directors of mental health services reminding them of the enormous importance of involving family members as appropriate in accordance with the Commission’s Code of Practice on Admission, Transfer and Discharge to and from an Approved Centre.

In addition, the Commission asked its Health, Social Care and Regulatory Forum to inform each of the professional regulatory bodies represented on the Forum, of the importance of ‘the need to involve families/carers in the development of care and treatment plans with the patient’s consent especially in cases of serious and enduring mental health problems’.

Work is underway at official level on amending the Mental Health Act and I am satisfied that the Expert Group recommendations provide a clear and well thought out direction to amend and update our mental health legislation. While the General Scheme to be prepared will reflect the Group’s view on the need to encourage families to be involved, it will not go so far as to recommend that this be compulsory.

I am not aware of the particular lacuna in data protection legislation that the Deputy refers to in his question.