Mental patients ‘being denied rights’

THE Government is denying people who are detained against their will in mental institutions their rights, according to the State’s official human rights watchdog.

The Human Rights Commission (HRC) said key sections of legislation passed some four years ago had still not been implemented.

The Mental Health Act 2001 provided for the establishment of Mental Health Tribunals to review the involuntary admission of a person to a psychiatric unit or hospital.

“The establishment of the tribunals was heralded as the means by which Irish law will be brought into compliance with the European Convention on Human Rights (ECHR) in relation to the issue of review of legality of detention of patients involuntarily admitted to psychiatric hospitals,” said HRC president Dr Maurice Manning.

“The delay in their establishment results in the continuing denial of the rights of a most vulnerable group of people.”

According to most recent figures, there were 2,500 people involuntary admitted to psychiatric hospitals in 2003 - or 11% of all admissions.

This is several times higher than other EU countries and twice that of England.

Last May, John Manweiler, aged 64, was awarded €3 million by a High Court jury which found he was unlawfully detained in a psychiatric hospital and improperly prescribed anti- psychotic drugs for more than a decade.

Experts say Government funding and a lack of co-operation by hospital consultants have slowed down the adoption of the new system. Minister for Health Mary Harney told the Dáil in May that at least 50 psychiatrists were needed to participate in the tribunals, but just a fraction had signed up.

A fortnight ago, Irish and international non-governmental organisations said the delay was the result of a stand-off between the Mental Health Commission and the Irish Hospital Consultants’ Association.

The Mental Health Commission said it was placing advertisements at home and abroad to find qualified staff willing to sit on the tribunals.

HRC chief executive Dr Alpha Connelly said: “The tardiness of the State in affording to persons detained in mental hospitals the respect and dignity required by its international human rights obligations is of grave concern to the Commission.”

There was no response yesterday from the Department of Health.