I propose to take Questions Nos. 1219, 1292 and 1294 together.
The Mental Health Commission (MHC) is an independent statutory body, established under the Mental Health Act 2001.
The Commission’s principal functions are to promote, encourage, and foster the establishment and maintenance of high standards and good practices in the delivery of mental health services and to take all reasonable steps to protect the interests of persons detained in approved centres under the Act.
Department officials directed this query to the Mental Health Commission and the following is their response:
'The three questions are related. The Mental Health Commission (MHC) is an independent state agency. The Department is simply notified if proceedings are issued by the Mental Health Commission against another state agency. The Department has no other involvement in the matter. The MHC does not comment on individual residents. The MHC has confirmed that proceedings were issued against the HSE - the proprietor of St Stephen’s - in September 2022, for the offence of the contravention of a condition attaching to the registration of the Approved Centre, specifically the admission of a resident to Unit 3 of the Approved Centre in contravention of a condition of the Certificate of Registration held by the Approved Centre, which prohibited the admission or transfer of patients to this unit, other than residents transferred from one other Approved Centre in certain circumstances. The MHC can confirm, as was stated in open Court, that following discussion between the parties, assurances were given by the HSE and the MHC withdrew the prosecution.'
