Emergency Measures in the Public Interest (Covid-19) Bill 2020: Committee and Remaining Stages
Dail Éireann — 2020-03-26
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Louise O'Reilly (SF), Dublin Fingal

I will discuss amendments Nos. 53 and 54. I fully appreciate what it is expected and intended that consultant psychiatrists will do and I mean no disrespect to barristers. I know there are some here and I am sure they are all very well-meaning but they are not clinicians and are not clinically trained. I have a concern. To detain someone involuntarily is a very serious undertaking. I remember when the Mental Health Act was brought in. It was debated long and hard. To have persons involved in that or to have all of that fall on the shoulders of one person, I find deeply concerning. I want to hear what the Minister has to say on this that might give some comfort. These are major changes. The fact that a person will not get a review outside of the normal six-month review so that when this is over, he or she does not have an automatic entitlement to a review is also concerning because the detention could last for six months. I do not think there should be any case where a tribunal is allowed to go ahead without the presence either remotely or otherwise of a consultant psychiatrist or a person who is clinically trained to that level. I want to hear what comfort the Minister can give in terms of this because I have serious concerns. I know other organisations have expressed those concerns all backed with the understanding that we know exactly where consultant psychiatrists are going to be and the work in which they are going to be involved. This is very serious too. The tribunals work because they are balanced and have a range of expertise and clinical knowledge. We want to hear from the Minister regarding this matter.

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Retrieved: 2026-08-14T04:48:14+00:00
Sitting date: 2020-03-26