406 Dr. McDaid asked the Minister for Health and Children the number of patients released by the Mental Health Tribunal who were, in the opinion of the tribunal, not suffering from a mental disorder as defined in Part 1 section 3 of the Mental Health Act 2001 and were therefore being detained illegally; the number of patients who were released as a result of a technicality discovered by the tribunal in relation to their admission procedure; and the number of the patients released due to a technicality who were subsequently readmitted involuntarily to an approved centre at a later date. [14625/07]

In the first four months of the operation of Part 2 of the Mental Health Act 2001 i.e. from 1 November 2006 to 28 February 2007, 556 Mental Health Tribunals were held. In this period 83 orders for involuntary detention were revoked.

In 50 of these cases the Mental Health Tribunal was not satisfied that the legal definition of mental disorder was met on the day of the tribunal. The remaining 33 cases were revoked on the day of the Mental Health Tribunal hearing for other reasons such as jurisdiction, procedural matters and interpretation of the new legislation. The number of patients who were subsequently readmitted involuntarily is not available. All involuntary re-admissions to an approved centre are reviewed by a Mental Health Tribunal.