Mental Health Act detention ruling
Deputy Brendan Howlin warned that the Court of Appeal had struck down the long-term detention provision in the Mental Health Act and said the Government had not set out its response. The Taoiseach said the matter was being handled by the Minister of State and legislation would be introduced during the six-month stay.
The Court of Appeal last week struck down a key provision of the Mental Health Act 2001. This legislation, namely section 15(3), covered the long-term detention of people in psychiatric institutions. The making of orders extending periods of detention by up to 12 months was ruled to be unconstitutional. There is a six-month delay in the ruling coming into effect. There are currently 78 patients subject to long-term detention orders and a further 15 patients in the Central Mental Hospital. We have heard nothing from the Government or indeed the Minister of State with responsibility for disabilities on this issue during the past five days. What does the Government intend to do to address this matter?
Comment on this
This matter is being managed by the Minister of State at the Department of Health, Deputy Jim Daly, and during the six-month period the court has given us we intend to legislate. We will introduce an amendment to the Mental Health Act 2001 to allow for tribunals to sit on a 12-monthly basis.