Tommy Broughan (Dublin Bay North, Independent)
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142. To ask the Minister for Health if his Department is preparing legislation following a judgment (details supplied) regarding section 15(3) of the Mental Health Act 2001; and if he will make a statement on the matter. [22797/18]

Jim Daly (Cork South West, Fine Gael)
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The Government and I have noted the judgement by the Court of Appeal on 4 May 2018 that renewal orders by Mental Health Tribunals under Section 15(3) of the Mental Health Act 2001 breach Article 40.4.1 of the Constitution.

This judgement raises certain legal questions which require careful consideration and these are currently being examined in detail by my Department, in conjunction with Senior Counsel and relevant agencies including the HSE, the Office of the Attorney General, the Chief State Solicitor's Office and the Mental Health Commission.  The Mental Health Commission has responsibility for the regulation and independent review of admission and renewal orders by Mental Health Tribunals. 

The declaration of unconstitutionality by the Court of Appeal stands suspended until 8th November 2018 which allows time for the Government and Oireachtas to give full and proper consideration to this matter as is appropriate given the vulnerability of the patients affected by this judgement. 

The Department of Health has already undertaken consultations as to next steps and I expect to be able to propose an appropriate way forward in the very short term.