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MOU between AGS and the HSE on the Removal or Return of Persons to an Approved Centre in accordance with the Mental Health Act 2001

Today at Garda Headquarters, the Garda Commissioner Fachtna Murphy and Mr. Cathal Magee, Chief Executive Officer of the Health Service Executive (HSE), signed a Memorandum of Understanding which has been developed to provide an appropriate response in respect of the removal or return of persons to approved centres in accordance with the Mental Health Act 2001.

 

The MOU is a joint initiative by An Garda Síochána and the HSE designed to maximise interagency cooperation and to promote the welfare and safety of persons with mental ill health. Under the guiding principle of the right to liberty of the individual, the memorandum outlines the respective roles and responsibilities of the HSE and An Garda Síochána as outlined in the legislation in circumstances where a person may be of immediate and serious risk of harm to self or others because of an acute presentation of a mental illness

 

The Garda Commissioner Fachtna Murphy said:

"Gardaí and the Health Service Executive are empowered by law to carry out important functions in this area and it is essential that we have the highest levels of understanding and cooperation between our agencies in order to ensure that we carry out our roles effectively and that we are all meeting the needs of persons with mental ill health."

 

Cathal Magee, CEO of the Health Service Executive said:

"Following consultation with the National Mental Health Service User Executive, the Mental Health Commission and the Irish College of General Practitioners, we are satisfied that the memorandum will improve the quality of service and care provided to persons who come within the remit of the legislation".

 

NOTE TO EDITORS

The Memorandum of Understanding applies to the removal and return of persons to approved centres under Sections 12, 13 and 27 of the Mental Health Act 2001. The commencement of the Mental Health Act 2001 introduced new arrangements for the involuntary admission and detention of persons believed to be suffering from a mental disorder for assessment, care and treatment. The legislation redefined the roles of the clinical director, staff of the approved centre, registered medical practitioner and An Garda Síochána in the involuntary admission process.

 

Recommendation 6 of the Report of the Joint Working Group on Mental Health Services and the Police 2009 (published August 2009 and available on the Garda website) recommended the "ongoing development of a joint protocol between mental health services and An Garda Síochána and the development of formal liaison systems between the mental health services and An Garda Síochána".

 

A photograph of Garda Commissioner Fachtna Murphy and Mr. Cathal Magee at the signing of the MOU is available by request from the Garda Press Office or from Press & Media Office HSE.

 

Garda Press Office.