Written Answers Nos. 904-908
904. Deputy Pádraig Rice asked the Minister for Health if her attention has been drawn to an issue related to consent for children in need of therapeutic supports (details supplied); if her Department is examining this issue; the plans to address this issue within the current legal framework; and if she will make a statement on the matter. [53606/26]
View answerThe HSE has published a National Consent Policy that sets out the HSE's policy in relation to consent to treatment for adults and for children, including circumstances where parental consent is necessary and what to do where one parent or guardian consents.
The HSE's National Consent Policy can be found here: assets.hse.ie/media/documents/ncr/HSE_Consent_Policy_2022_v1.2_-_Jan_2024.pdf
The Mental Health Act 2026, when commenced, will explicitly provide that either parent, where appropriate, can consent to admission and treatment for a child to registered acute mental health centres.
905. Deputy Sorca Clarke asked the Minister for Health if she has considered the establishment of a dedicated redress scheme for survivors of abuse and mistreatment in former State-run and State-funded psychiatric institutions; if she has received any proposals in this regard; and if she will make a statement on the matter. [53627/26]
View answer906. Deputy Sorca Clarke asked the Minister for Health if she will commit to issuing a formal State apology to survivors who experienced abuse, neglect, coercive practices and inhumane treatment while resident in former psychiatric institutions, in recognition of the State's role in their suffering; and if she will make a statement on the matter. [53628/26]
View answer907. Deputy Sorca Clarke asked the Minister for Health whether she will establish an independent statutory inquiry into historical abuse and systemic failings within psychiatric institutions and with meaningful survivor participation in its design and operation; and if she will make a statement on the matter. [53629/26]
View answer908. Deputy Sorca Clarke asked the Minister for Health if she has met with, or intends to meet with, survivors of psychiatric institutions to discuss their calls for justice; and if she will make a statement on the matter. [53630/26]
View answerI propose to take Questions Nos. 905 to 908, inclusive, together.
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".
Mental health legislation has evolved over the last decades to ensure that it reflects the modern, person-centred ethos of our services and broader mental health policies.
Since 2001, the Mental Health Act has provided safeguards for persons involuntarily admitted and detained in mental health approved centres and puts in place mechanisms for the regulation and inspection of these centres. It also provided for the establishment of the Mental Health Commission, who have an independent role in the inspection and regulation process. The establishment of the tribunal process under the 2001 Act also provides an automatic review process of the person’s detention, within 21 days of their admission, ensuring that the rights of those admitted under the Act are vindicated and recognising the importance of safeguards in relation to deprivation of liberty, in all circumstances.
In relation to any redress to patients of psychiatric hospitals who feel they have an historic claim, it is open to any person to raise such concerns in the first instance either with the HSE or to seek legal advice, as appropriate.
