Paul Murphy (Dublin South West, RISE)
Link to this: Individually | In context | Oireachtas source

106. To ask the Tánaiste and Minister for Justice and Equality her views on comments by the Mental Health Commission on the rise in applications by An Garda Síochána to detain persons in psychiatric care against their will; if she will request a report from An Garda Síochána on this issue; and if she will make a statement on the matter. [36752/21]

Hildegarde Naughton (Galway West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am aware of the annual report of the Mental Health Commission and the use of section 12 of the Mental Health Act by An Garda Síochána. As the Deputy will understand, the proportion of applications for involuntary detention reflects the unfortunate reality that Gardaí often encounter persons with severe mental health issues and will be called upon by members of the public or indeed family members where a person is experiencing high levels of distress. Very often, members of An Garda Síochána are the first available frontline service to whom people will turn in such situations.

I know that an application for involuntary detention is never made lightly and takes full account of An Garda Síochána‘s obligation to protect the human rights and welfare of individuals and communities. The only statutory option available to Gardaí responding to persons in a mental health crisis and potentially posing a risk of harm to themselves or others is to invoke Section 12 of the Mental Health Act, 2001. Section 12 requires Gardaí to take the person into custody in order to have them assessed by a registered medical practitioner.

The Commission on the Future of Policing in Ireland stated that societal-wide issues such as the mental health of individuals are not the responsibility of An Garda Síochána alone. The Commission recommended the establishment of multi-agency teams that would include Gardaí to respond to the needs of individuals with mental health issues. A pilot mental health crisis intervention team is being prepared in Limerick Garda Division. This pilot project is being progressed in close collaboration with the HSE and it is hoped to begin the rollout of the pilot team early next year.

As the Deputy will be aware, my colleague the Minister for Health is progressing legislation to amend the Mental Health Acts 2001-2018. This legislation will update powers relating to involuntary detention by members of An Garda Síochána and will provide for a code of practice on the powers of Gardaí under the Act to be introduced. I understand that the draft heads of this legislation have been drafted following consultation with key stakeholders, including mental health experts, the Mental Health Commission and the public.

The issue of mental health is a priority area for me and the Department of Justice. The Deputy may be aware of the newly established high level Task Force established by Minister Helen McEntee in April this year. Kathleen Lynch, former Minister of State for Primary Care, Mental Health and Disability was appointed as independent chair.

The establishment of the Taskforce is further to the Government’s commitment to ensure the critical mental health needs for people interacting with the criminal justice system are met in order to ensure improved outcomes for individuals and society and is a key goal of the Justice Plan 2021.

The Taskforce has met twice and set up a number of subgroups to consider the complex cross government and agency issues involved including how An Garda Siochána could implement a diversion policy for use in suitable cases. The Taskforce will report to the Minister for Justice and Minister for Health on progress by the end of September and will publish a high level implementation plant by the end of this year.

Gino Kenny (Dublin Mid West, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

107. To ask the Tánaiste and Minister for Justice and Equality the details of any meetings or contact she has had with the Mental Health Commission on its concerns over the rise in applications by An Garda Síochána to detain persons in psychiatric care against their will; and if she will make a statement on the matter. [36754/21]

Hildegarde Naughton (Galway West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am aware of the annual report of the Mental Health Commission and the use of section 12 of the Mental Health Act by An Garda Síochána. As the Deputy will understand, the proportion of applications for involuntary detention reflects the unfortunate reality that Gardaí often encounter persons with severe mental health issues and will be called upon by members of the public or indeed family members where a person is experiencing high levels of distress. Very often, members of An Garda Síochána are the first available frontline service to whom people will turn in such situations.

The Deputy will be aware of the establishment of the Mental Health Task Force, which brings together senior officials from my Department, the Probation Service, the Irish Prison Service, An Garda Síochána the Department of Health and the HSE, the Central Mental Hospital, the Department of Housing and the Department of Children, Equality, Disability, Integration and Youth.

This Task Force is a commitment in the Programme for Government and is considering how best to care for people with mental health issues who come into contact with the criminal justice system. It is chaired by Ms. Kathleen Lynch, former Minister of State with responsibility for primary care, mental health and disability and I am extremely grateful to Kathleen for agreeing to serve, given her longstanding interest in this area.

The group has established a number of sub-groups which are focusing in the first instance on effective diversion from the criminal justice system; along with capacity levels in the Central Mental Hospital and the Irish Prison Service; and also at community care and through-care from custody. As part of their consultations with stakeholders, the Task Force will engage with the Mental Health Commission on this very important issue.

I know that an application for involuntary detention is never made lightly and takes full account of An Garda Síochána‘s obligation to protect the human rights and welfare of individuals and communities. The only statutory option available to Gardaí responding to persons in a mental health crisis and potentially posing a risk of harm to themselves or others is to invoke Section 12 of the Mental Health Act, 2001. Section 12 requires Gardaí to take the person into custody in order to have them assessed by a registered medical practitioner.

Members of An Garda Síochána receive training in mental health issues as part of their recruit training and through continuous professional development training delivered throughout their career.

As the Deputy may be aware that the Commission on the Future of Policing in Ireland concluded that societal issues such as the mental health of individuals should not be the responsibility of An Garda Síochána alone and the Commission recommended the establishment of multi-agency teams that would include Gardaí to respond to the needs of individuals with mental health issues. A pilot crisis intervention team is being developed in the Limerick Garda Division. This pilot is being progressed in close collaboration with the HSE and it is hoped to begin the rollout of the pilot team early next year.