Knowing rights of the involuntarily detained

In the last number of weeks 80,000 dedicated fans were lucky enough to get tickets to the U2 concert in Slane on August 25th

In the last number of weeks 80,000 dedicated fans were lucky enough to get tickets to the U2 concert in Slane on August 25th. Another 80,000 hang in the balance watching, waiting and hoping - for what?

It seems that the licensing system for outdoor concerts, provided for in the Planning and Development Act, 2000, will be introduced as a priority measure to potentially allow for a second concert at Slane.

The Minister for Local Government, Noel Dempsey, is "more than happy to bring forward work on introducing the new licensing system. Enhancing the decision-making powers of local authorities, while maintaining the right to public input, can only be a positive development". Quite so.

Now we potentially have 160,000 ecstatic fans, and so it should be. Statistically, over the next five years approximately 10 per cent of this group and their families, and those of us who will have to be content with extended concert highlights, will develop mental health difficulties of one type or another.

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In 1945 the government of the day put into place a Mental Treatment Act that was considered progressive, ahead of its time and even compassionate as it sought to scale the walls of the Victorian asylums.

Fifty-six years later, with the same Act in place, Ireland is in contravention of the European Convention on Human Rights, operating under the terms of an Act which allows for the involuntary detention of persons with a mental illness for up to six months under one form of detention, or indefinitely under another.

Rights to review of this procedure are extremely narrow, and there is no statutory obligation to inform someone of their rights. Under Article 40.4.2 of the Constitution, any person can apply to the High Court to challenge his or her detention. Sadly, this is little known and is of little practical use for detained people.

How, on the eve of a day dedicated to World Mental Health, have we found ourselves here?

The most recent process of legislative change in the area of mental health began in 1992 with a Green Paper, followed in 1995 by the White Paper, A New Mental Health Act.

While neither document was perfect, they did demonstrate the State's ability to be somewhat progressive and compassionate.

Crucially there was a recognition of the status of the mentally ill and their caring relatives and friends as consumers of the health services, with the rights and entitlements that such status implies.

In December 1999 as a direct result of the State's continued contravention of European Law, the Mental Health Bill was produced. Significantly, its short title deems it an Act to provide for the involuntary admission to approved centres of persons suffering from mental disorders and to provide for related matters.

The Bill deals with the issue of involuntary detention, imperfectly but comprehensively. While not wishing to equate quality and quantity, the issue of involuntary detention occupies 30 pages of a 49-page Bill! Already, it is inconsistent with Article 9 of the International Covenant for Civil and Political Rights.

Almost all of the decisions and regulations relating to provision of a high-quality, integrated and user-centred service are to be the responsibility of the Mental Health Commission.

In short, the Bill deals with the needs of 10 per cent of all admissions to psychiatric hospitals. The remaining 90 per cent must wait at least another two years after the enactment of the Bill for a Mental Health Commission, which will "promote, encourage and foster the establishment and maintenance of high standards and good practices in the delivery of mental health services . . ."

One wonders if the principles of promotion and encouragement are enforceable by law.

In spite of such disheartening tardiness and a sometimes hostile public expression of feelings, there is a growing number of people who are prepared to say: "I have been there. I have experienced mental distress. I can be instrumental in showing a way forward."

In the last year we have seen the development of a small number of user-led advocacy groups and networks. We have seen the mainstreaming of statutory information, training and employment services.

While many of these bodies are struggling with this difficult process of change, there is growing evidence of positive and innovative approaches that will begin to address the specific needs of people with mental health difficulties.

There is a growing sense of the need to become partners and collaborators in finding ways forward. At Schizophrenia Ireland, we witness daily the devastating impact of isolation and exclusion which mental illness brings.

At this watershed, good legislation, good services and good public information and education are needed.

In the Victorian era, the ethos of the asylum was to protect "civilised society" from "dangerous lunatics" (sic). One hopes in this era of technology that the reverse is not the case.

Patricia Seager is acting director of Schizophrenia Ireland

Useful Contacts

Schizophrenia Ireland Helpline: 1890-621631

Mental Health Association of Ireland: 01-2841166

Aware Helpline: 01-6766166

Grow: 01-8734029/8783508

Headway Ireland helpline: 1890-200278

Samaritans: 1850-609090

Bodywhys helpline: 01-2835126

Alzheimer Society: 1800-341341

Recovery Inc: 01-6260775