The High Court has ruled in favour of a woman with psychiatric problems who challenged the laws under which she is detained against her will.
The court found that the extension of her detention for up to 12 months was unconstitutional. Mr Justice Bryan McMahon made an order for the woman's release but put a stay on that order for four weeks until appropriate care is found.
The case, which continues this afternoon, resulted in emergency laws being rushed through yesterday as some 200 other people are being detained on the basis of similar orders.
President Mary McAleese signed emergency legislation into law last night that closes off a potential legal loophole covering the detention of people in psychiatric institutions.The legislation was rushed through the Dáil and Seanad yesterday.
The move came in advance of today's High Court judgment.
The Government decided on the advice of the Attorney General, Paul Gallagher SC, and the Minister for Health, Mary Harney, to bring forward legislation to cover the situation that might arise if the High Court decides there is a flaw in the forms signed by psychiatrists to detain people involuntarily.
It was argued during the current High Court case that the form used by psychiatrists renewing admission periods was too prescriptive as it contained boxes with specific time periods rather than allowing a psychiatrist to specify periods of admission other than three, six or 12 months.
The Minister was advised by the Attorney General yesterday morning that emergency legislation was required to avert a situation where all 209 people who are currently involuntarily detained in public and private psychiatric institutions would be entitled to their freedom if the High Court decision goes against the state today.
Ms Harney got the approval of her Cabinet colleagues in the early afternoon to bring the emergency legislation into the Dáil and Seanad. She then briefed the Opposition on the background to the decision and explained why it would apply retrospectively.
The emergency legislation entitled the Mental Health Bill 2008 provides that irrespective of the forms used, no period of admission will be invalid.