Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

514. To ask the Minister for Health the number of orders made pursuant to section 18(4)(a) and or (b) of the Mental Health Act 2001 as amended; and if he will make a statement on the matter. [7121/20]

Jim Daly (Cork South West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The temporary amendments made to the Mental Health Act, 2001 under the Emergency Measures in the Public Interest (Covid-19) Act 2020 included changes to section 18(4) of the 2001 Act.

Section 18(4) sets out how mental health tribunals can be adjourned for an initial period of 14 days by either the tribunal or the patient. Under the 2001 Act, an additional adjournment of 14 days can be requested by the patient, if the tribunal agrees it is in the interest of the patient and if the relevant admission or renewal order will still be in force by the end of expiration of the adjournment.

The temporary measures introduced in the 2020 Act retain the existing provisions in section 18(4), but also allow for the tribunal to initiate the additional adjournment if it is necessary to do so due to the exigencies of the public health emergency, while having due regard for the interests of the patient.

As of 15 May 2020, there were six adjournments under section 18(4), as amended. During the same period in 2019, there were four adjournments under the regular section 18(4).

Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

515. To ask the Minister for Health the number of times a mental health tribunal of one member has been appointed pursuant to section 48(3)(a) of the Mental Health Act 2001 as amended; the number of times a mental health tribunal consisting of one member has sat; and if he will make a statement on the matter. [7122/20]

Jim Daly (Cork South West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Mental Health Commission has confirmed that as of 14 May, no one-person tribunals have taken place under the amended Act.

Under section 48 of the Mental Health Act, 2001, Mental health tribunals review the admission or renewal order of an involuntarily detained patient. Tribunals are comprised of three people (a chair, who is a solicitor or barrister, a consultant psychiatrist and a lay person.) In making its decision, a tribunal reviews the order, the patient's record, input from the patient or a legal representative, input from the patient's consultant psychiatrist and a report from an independent consultant psychiatrist, who examines the patient and interviews the responsible consultant psychiatrist.

The amendments to the 2001 Act, which were the result of detailed consultation by the Department with the Mental Health Commission and the HSE, were necessary to ensure that the rights of involuntarily detained patients under the 2001 Act would continue to be vindicated in the current public health emergency.

The Emergency Measures in the Public Interest (Covid-19) Act 2020 introduced a "cascading" approach to provisions under section 48 of the 2001 Act. Under the new, temporary measures, every effort is made to maintain three-person tribunals, including remote working. However, in circumstances where three-person tribunals cannot take place due to the ongoing Covid-19 pandemic, one-person tribunals, comprised of the Chairperson, are provided for. The amendments retain the key features of the tribunal process - independent legal representation, report by an independent consultant psychiatrist and an independent review of the patient’s detention.