Defend rights of psychiatric patients in court

I RECENTLY dispatched my third letter to the Minister for Justice, Michael McDowell, TD requesting a meeting to discuss the concerns of psychiatrists around the Criminal Law (Insanity) Bill 2002. The Irish College of Psychiatrists is surprised and disappointed that this meeting has not been arranged.

We have stressed to the Minister our view that this legislation is welcome as it affords great improvements in the human rights of prisoners.

However, as psychiatrists, we have very serious concerns regarding the enactment of this proposed legislation, as follows:

l It must be compatible with the Mental Health Act 2001 in order to afford mentally ill offenders the same rights and treatment as the general population.

l It must be resourced. Resource requirements include the augmentation of the National Forensic Service at the Central Mental Hospital in Dundrum; the development of Regional Secure Units around the country and augmentation of existing psychiatric services in order to cater for this new group of patients who may be diverted from the court system.

This obviously has financial implications which is contrary to the statement in the Bill.

l Courts should not consider a verdict of insanity or fitness to plead without hearing evidence from the psychiatrist who would be responsible for treating the patient.

The Irish College of Psychiatrists believes that it is not feasible for existing general adult psychiatric units to cater for mentally disordered offenders in addition to the provision of present services.

These units currently cater for people from 16 years of age to the end of life, with a variety of different psychiatric conditions. People are treated in an open ward setting in the context of a general hospital.

The training, expertise and security arrangements simply do not exist to cater for mentally disordered offenders in an adult open ward facility.

It would appear to us that the enactment of this legislation, without proper resourcing, would still leave us in contravention of the European Convention on Human Rights a most serious issue.

I take this opportunity to publicise our serious concerns in the best interests of our service users and their families.

Dr Colette M Halpin,

Chairman,

Irish College of Psychiatrists,

123, St Stephen's Green,

Dublin 2.