Pat Buckley (Cork East, Sinn Fein)
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851. To ask the Minister for Health if a report has been commissioned by him or submitted to his Department by an external body on or relating to the Mental Health Commission; if these reports found issue with the Mental Health Commission; if the reports are of the view it is not fit for purpose; and if he will make a statement on the matter. [55039/17]

Jim Daly (Cork South West, Fine Gael)
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No report has been commissioned by my department or myself on or relating to the Mental Health Commission. Likewise, neither my department nor myself have received a report on or relating to the Mental Health Commission from an external body finding issue with the Commission or expressing the view that it is not fit for purpose.

The Mental Health Commission itself contracted Mazars Ireland consultancy services to conduct an organisation structure review of the Commission. The final report was submitted to my department in late December 2016. The report noted that resource gaps have emerged across the organisation but these are being addressed by my department in conjunction with the Commission to ensure that it continues to deliver on its current and future mandate.

Pat Buckley (Cork East, Sinn Fein)
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852. To ask the Minister for Health when the appointment of the board and CEO of the Mental Health Commission began. [55040/17]

Jim Daly (Cork South West, Fine Gael)
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Seven members were appointed to the Board of the Mental Health Commission on 5 April 2017. Two were appointed on 26 September 2017, with the final appointment on 31 October 2017.

Mr John Saunders was appointed Chair Designate of the Mental Health Commission on 5April 2017. His re-appointment as Chair was confirmed by Cabinet on 14 November 2017.

The term of all Board members is to 4 April 2022 and details of each member can be found on the Commission website –www.mhcirl.ie.

Ms Patricia Gilheaney was appointed CEO of the Mental Health Commission on 29 October 2011.

Pat Buckley (Cork East, Sinn Fein)
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853. To ask the Minister for Health the timeframe for the enacting, signing, commencement and implementation of primary and secondary legislation related to the Mental Health Commission; and when outstanding work in this regard will be completed. [55041/17]

Jim Daly (Cork South West, Fine Gael)
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The Mental Health Commission is a statutory body whose functions are set out in the Mental Health Act 2001.

Amendments to the Mental Health Act 2001 based on the recommendations of an Expert Group Review of the Act in 2015 are currently being progressed. The review contained 165 recommendations, most relating to proposed changes to our mental health legislation. The Deputy can find the full text of the Review on my Department’s website at the following link: . The report contains recommendations relating to revised criteria for detention, revised definitions of mental illness and treatment, a greater role for Authorised Officers where involuntary admissions are being considered, improved safeguards for involuntary admission to approved centres, improved safeguards for change of status from voluntary to involuntary patient and shorter times for Tribunal hearings. These changes and others, when included in revised mental health legislation, will further improve the protections available to involuntary patients in this country.

Government has approved plans to proceed with the general scheme of a bill and officials are working on the heads of the amending bill which will legislate for the recommendations of the Review. My Department and I accept the importance of advancing this work as quickly as possible. It is a comprehensive legislative undertaking which must also now take account of the provisions of the Assisted Decision-Making (Capacity) Act 2015 which was enacted after completion of the Expert Group Report. I expect the text of the General Scheme of a Bill to be significantly progressed by mid-year with consultation then to take place in Quarters 3 and 4 with the Mental Health Commission on refining the draft text. Once the General Scheme is completed, it will be forwarded to Government for approval before publication.

Pat Buckley (Cork East, Sinn Fein)
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854. To ask the Minister for Health the respective annual budgets for the Mental Health Commission since its establishment; the details of costs incurred, in tabular form; the date on which funding was allocated; and if funding was returned. [55042/17]

Jim Daly (Cork South West, Fine Gael)
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Please find, in tabular form, the Mental Health Commission annual allocation and the funds drawn down each year and not drawn down, since its establishment in 2002.

A more detailed breakdown of the Commission’s Annual Financial Statements, including costs incurred for each year, can be found on their website – www.mhcirl.ie.

The date of issue of letter of determination to the Commission each year has varied due to the finalisation of the Annual Finance Budget, the HSE National Service Plan and the work of the Department of Health in general.

Pat Buckley (Cork East, Sinn Fein)
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855. To ask the Minister for Health the recruitment process for staff for the Mental Health Commission; and the steps in the process such as approval, advertising, interviewing, offers and commencement of employment. [55043/17]

Jim Daly (Cork South West, Fine Gael)
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I have been advised by the Mental Health Commission (MHC) that the following is a summary of the recruitment process:

Approval Stage

- Where a vacant and/or replacement post is identified the process in terms of approval and recruitment for vacancies and/or replacements is the same;

- The MHC prepares and submits a Business Case to the Mental Health Unit in the Department of Health. A standard template is used;

- The Department of Health Mental Health Unit reviews the request and may revert to the Mental Health Commission (MHC) for clarification/further information;

- Following review the Mental Health Unit forwards the MHC Business Case with a recommendation to the National Human Resources Unit in the Department for decision;

- If the Business Case is for a Principal Grade or above, the National Human Resources Unit liaises with Department of Public Expenditure and Reform;

- If the Business Case is for a grade up to and including Assistant Principal, the National Human Resources Unit can make a decision based on the merits of the case;

- The MHC receives the decision in relation to sanction including any conditions that must be met (for example, commencement at the first point of the relevant pay scale).

Recruitment Stage

- On receipt of sanction the MHC proceeds to commence the recruitment campaign which involves the following steps;

- The recruitment agency (appointed through public procurement processes) is formally requested to assist in the recruitment of the relevant post(s);

- Detailed candidate information booklet(s) are compiled by the recruitment agency with assistance from the MHC;

- Advertisements for the National Press are prepared and appropriate arrangements made for publication;

- The standard application process follows which may vary depending on the post being advertised and the urgency of the requirement

-Submission of an application within 2-3 weeks of the advertisement.

-Shortlisting and/or

-Preliminary interview and/or

-Competitive interview.

-Interview board make a recommendation to the Chief Executive.

-Issuing of a preliminary letter to successful applicants regarding appointment subject to satisfactory completion of the verifications process to include reference checks, qualifications identified as essential criteria, Garda vetting and overseas police vetting if the applicant has lived abroad for a period greater than six months (for certain posts); health check.

-Prior to issuing a contract of employment the draft contract must be prepared and submitted to the Department of Health National Human Resources Unit and copied to the Mental Health Unit. The terms and conditions including pension arrangements may vary depending on whether the successful applicant is an established officer or a new entrant.

-The Department of Health National Human Resources Unit notifies the MHC of its decision in relation to the draft contract.

-A letter of appointment with contract is issued to the successful applicant.

- Commencement date varies as it takes into consideration the notice period that the successful candidate may have to serve with a current employer.

-Contract of employment is signed by the appointee and the MHC and a copy is submitted to the Department of Health National Human Resources Unit and copied to the Mental Health Unit.

-The appointee receives an induction programme on commencement in their role with the Commission. Depending on the role concerned specific training may be required.

Pat Buckley (Cork East, Sinn Fein)
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856. To ask the Minister for Health the nature of the services provided by the Mental Health Commission; the dates these services began; and his future plans for greater service provision. [55044/17]

Jim Daly (Cork South West, Fine Gael)
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The Mental Health Commission is an independent body which was set up in 2002. Its functions are set out in the Mental Health Act 2001. The main functions are to promote, encourage and foster high standards and good practices in the delivery of mental health services and to protect the interests of patients who are involuntarily admitted to a mental health approved centre.

Responsibilities as set out in legislation include:

- Appointing persons to mental health tribunals to review the detention of involuntary patients and appointing a legal representative for each patient;

- Establishing and maintaining a Register of Approved Centres, i.e. a register of inpatient facilities providing care and treatment for people with a mental illness and mental disorder;

- Setting up Mental Health Tribunals for patients, who are involuntarily admitted to an approved centre. The Tribunal consists of independent people who review a patient’s admission to decide if the law was followed;

- Making Rules regulating the use of specific treatments and interventions such as ECT (Electroconvulsive Therapy), seclusion and mechanical restraint;

- Developing Codes of Practice to guide those working in the mental health services and enable them to provide high quality care and treatment to service users; and

- Appointing the Inspector of Mental Health Services who annually inspects mental health services.

Amendments to the Mental Health Act 2001 based on the recommendations of an Expert Group Review of the Act in 2015 are currently being progressed. The review contained 165 recommendations, most relating to proposed changes to our mental health legislation. The report contains recommendations relating to revised criteria for detention, revised definitions of mental illness and treatment, a greater role for Authorised Officers where involuntary admissions are being considered, improved safeguards for involuntary admission to approved centres, improved safeguards for change of status from voluntary to involuntary patient and shorter times for Tribunal hearings. These changes and others, when included in revised mental health legislation, will further improve the protections available to involuntary patients in this country.

The Assisted Decision Making (Capacity) Act 2015 provides for the establishment of the Decision Support Service within the Mental Health Commission to support decision-making by and for adults with capacity difficulties and to regulate individuals who are providing support to people with capacity difficulties.

The Act extends the statutory remit of the Mental Health Commission to include wide-ranging regulatory and information functions for the Director of the Decision Support Service.

Further information on the Mental Health Commission, its role and the nature of services provided can be found on their website –.