29th September 2004
1044. Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if services are provided under the aegis of his Department to persons with mental health difficulties; if for the purposes of any such services persons with mental health difficulties are regarded as children until the age of 16 and as adults thereafter; if he will ensure that the age of adulthood in all such ages is set at 18 years; and if he will make a statement on the matter.
Minister for Justice, Equality and Law Reform (Mr. McDowell): No services, as such, are provided by the Courts Service. However, the courts do exercise wardship jurisdiction in respect of mentally incapacitated persons and of minors. Individuals who are mentally incapacitated and are brought into wardship before reaching the age of majority, namely, 18 years of age, are taken in as minors.
Prisoners with mental health problems have access to medical, nursing, psychiatric, and psychology services within the prison system. Where a prisoner develops a short term mental illness and happens to be located in a prison where the incidence of such problems is insufficient to justify the provision of dedicated services, arrangements may be made for temporary transfer of the prisoner concerned to an alternative prison location where care can be provided. Where in-patient treatment is indicated, prisoners may be transferred to the Central Mental Hospital, Dundrum.
As regards the provision of mental health services to people within prison, the priority is on seeking to ensure the availability of any service deemed necessary within the resource constraints applying. It is, of course, the principle to apply similar regulations and norms, in as much as these apply to this age category, as apply elsewhere in the general community.
Respect for rights in the penal system with prison as a last resort.