A High Court judge said yesterday it was "highly desirable" that the 55-year-old Mental Treatment Act be brought up to date. He said it was "badly in need of reform".
He made the remarks when upholding the legality of the detention of a man at St Otteran's psychiatric hospital, Waterford. The man had been found to be a danger to himself and to others. Patients, doctors and nurses were operating in a statutory regime "which is in need of major overhaul", Mr Justice Kelly said.
This was not the first time a High Court judge had pointed out the necessity for bringing the legislation up to date, he added.
He recalled that, in a judgment in 1995, Mr Justice Declan Costello had pointed out that reforms enacted in 1981, which would have remedied defects in the mental health legislation, had never been brought into effect.
Mr Justice Costello had said at that time: "The best is the enemy of the good. The 1981 reforms which would have remedied the defects were not brought into force because more thorough reforms were being considered. The prolonged search for excellence extending now for over 14 years has had most serious consequences for the applicant [in that case]." The views expressed by Mr Justice Costello were approved by Mr Justice Budd in another decision also in 1995.
"Over five years later, it appears that this elusive search for excellence continues," Mr Justice Kelly said.
The man in this case, who is detained at St Otteran's in Waterford, was arrested by gardai after an incident on November 9th in Waterford and, while in police custody, described hearing voices in his head.
He was taken by gardai to St Otteran's where he was considered to be suffering from a psychotic illness.
He initially accepted admission as a voluntary patient but on November 13th demanded to leave. He was assessed by doctors who concluded he was suffering from mental illness and was committed to the hospital.
On November 23rd he was diagnosed with paranoid schizophrenia and found to be floridly psychotic and was considered a serious risk to himself and others. On November 30th, he applied for a High Court inquiry into the legality of his detention and this was later heard by Mr Justice Kelly who ruled yesterday the detention was lawful.
