Pearse Doherty
Question:465. Deputy Pearse Doherty asked the Minister for Health her plans to reform section 14 of the Mental Health Act 2001; and if there are planned changes to Garda training and policy related to same. [38692/24]
View answerTuesday, 1 October 2024
Questions (465)
Written answers
I believe the Deputy is referring to Section 12 of the Mental Health Act 2001, in relation to the powers of An Garda Síochána (AGS) to take a person believed to have a mental disorder into custody. Section 14 refers to the making of an admission order by a consultant psychiatrist, where members of AGS have no role.
The new Mental Health Bill 2024, which will replace the existing Mental Health Act 2001, includes provisions for AGS to take an adult or child into custody where the member or members of AGS reasonably believe the person to be a risk of harm to themselves or others. The relevant sections of the Bill are sections 18 and 71. A copy of the Bill can be found here:
https://data.oireachtas.ie/ie/oireachtas/bill/2024/66/eng/initiated/b6624d.pdf
As the Deputy will be aware, the Bill completed Second Stage in the Dáil on 19th September and the Department of Health will guide the Bill through Committee Stage, where amendments from Government and Opposition to the Bill will be proposed.
It is important to note that powers given to AGS under section 12 of the existing 2001 Act and sections 18 and 71 of the new Mental Health Bill are discretionary . AGS can take a person into custody, if necessary, but there is nothing to stop members of AGS from diverting persons towards the Emergency Department, GP, primary care centre or other health or mental health service. It is and will remain a decision of the member of AGS to judge the level of risk posed by the person. Taking a person into custody should remain a method of last resort and should happen for as short a time as possible.
Training and policy for AGS in relation to interacting with people with mental health difficulties is a matter for AGS to oversee. AGS must satisfy itself that its members are appropriately trained in using any powers granted to its members under the Mental Health Act or any other enactment.
Question No. 466 answered with Question No. 427.