Written answers
Tuesday, 5 November 2024
Department of Health
Mental Health Services
Matt Shanahan (Waterford, Independent)
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1065. To ask the Minister for Health the status of redress to patients of psychiatric hospitals who feel they have an historic claim; and if he will make a statement on the matter. [44188/24]
Mary Butler (Waterford, Fianna Fail)
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The involuntary admission of persons to a psychiatric hospital or unit prior to the introduction of the Mental Health Act 2001 was governed by statute, in this case the Mental Treatment Act 1945. The 1945 Act specifically allowed for the admission and detention without their consent, of a person as a ‘temporary patient' or a 'person of unsound mind'. Such admissions took place following an application made in this regard and required a medical certificate signed by a doctor and also a reception order signed by a consultant psychiatrist.
The Act also provided patients with the right to contact the Minister for Health, the Inspector of Mental Hospitals or the President of the High Court in relation to their detention. In addition, it also required the Inspector of Mental Hospitals, in the course of his inspections, to visit any patient "the propriety of whose detention he had reason to doubt".
If any person considers that they may have a claim of the nature raised by the Deputy, it is open to them to raise such concerns in the first instance either with the HSE or to perhaps seek legal advice, as appropriate.
I have asked the Health Service Executive to respond to the Deputy directly as soon as possible to outline its views on the matter raised.
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