Health Bill amendment rushed through

RUSHED legislation has gone through the Dáil to close a loophole restricting how mentally ill patients can be brought into care.

Junior Health Minister John Moloney said a High Court decision in May had exposed that existing practices to bring unwilling patients into hospital were illegal. This arose because Nationwide Healthcare Solutions Ltd had escorted a woman to St Ita’s Hospital in Portrane when the law stipulated only staff of the ward were entitled to do so.

However, an ongoing industrial relations and safety dispute has prevented this from happening and private contractors were employed.

Mr Moloney said the loophole had to be closed by way of an emergency amendment to the Health Bill.

“I concede that the Bill is rushed, but it arises from the highly principled motive of ensuring that people who cannot care for themselves are cared for by the state.”

He accepted concerns raised by Jan O’Sullivan of the Labour Party and Dr James Reilly of Fine Gael that they were not given time to consider the legislation.

They had only been given the text of the legislation less than 24 hours before the amendment was moved.

Mr Moloney also told Sinn Féin’s Caoimhghín O Caoláin the bill was not considered before the High Court judgment and has had to be drafted since.

He said yesterday was the first chance the Department of Health had to pass the amendment and it had to be done before the summer recess.

Ms O’Sullivan said the speed with which it was forced through was worrying, because deputies could not study its implications.

The amendment passed by four votes.