Mental health tribunals due in November

Mental health tribunals that will independently review the cases of people detained involuntarily in psychiatric hospitals will…

Mental health tribunals that will independently review the cases of people detained involuntarily in psychiatric hospitals will come into effect from November, the Minister of State for Health, Tim O'Malley, announced yesterday.

In a statement yesterday, the Minister said the commencement order had been signed to bring into operation all remaining provisions of the 2001 Mental Health Act on November 1st.

The introduction of the tribunals, one of the key elements in the legislation, had been delayed for several months last year in a dispute between the Government and psychiatrists over resources.

The Health Service Executive (HSE) said last night that it was confident it would be able to meet the November deadline.

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It emerged recently that the HSE had told the Department of Health last month that it would not be possible to address all the issues involved in implementing the Act within the time frame.

The national director of primary, community and continuing care, Aidan Browne, had told the department that although the HSE would make every effort to meet its obligations in relation to the commencement of the Act, it was "not a realistic prospect in the time frame allowed".

The HSE said last night that it had been engaged in significant work to prepare for the full implementation of the Act by November 1st and that it was confident it would "be in a position to employ all aspects of the Act by the target deadline".

Last night the Irish Hospital Consultants' Association sought assurances from the HSE as to whether nearly 20 additional consultant psychiatrist posts, which were to be established to facilitate the establishment of the new mental health tribunals, would be in place by the deadline.

The group said it would be very concerned if these posts were not in place by early November.

Under the legislation, the new tribunals will review orders or extensions of orders to detain persons on an involuntary basis in psychiatric hospitals.

The independent tribunal reviews, which will involve a psychiatrist, a lawyer and a layperson, must be completed within 21 days of a detention or extension order being signed.

Mr O'Malley said last night that the rate of involuntary admission to psychiatric facilities in Ireland was high by international standards.

"It is hoped that the full implementation of the Act, with its more stringent procedures for involuntary detention, will bring practice in this country more into line with European and international conventions."

Martin Wall

Martin Wall

Martin Wall is the Public Policy Correspondent of The Irish Times.