Court of Appeal to declare part of Mental Health Act 2001 unconstitutional

The Court of Appeal has ruled that section 15(3) of the Mental Health Act 2001 is unconstitutional, but has suspended its formal declaration of unconstitutionality for a period of six months.

The Irish Human Rights and Equality Commission (IHREC), which appeared in the case as an amicus curiae, welcomed the decision.

The man at the centre of the case was initially detained in St. Loman’s Hospital on foot of an admission order. His detention was renewed for further periods of six weeks, three months, and later twelve months.

While he was able to initiate reviews of the early periods of detention, he was unable to challenge the legality of his twelve months detention, even if his mental health improved.

The Court of Appeal ruled yesterday that an involuntary patient detained under s.15(3) of the 2001 Act does not have an effective means of vindicating his right to personal liberty by securing an independent review of his detention.

The State had therefore failed in its duty to vindicate the man’s right to personal liberty by failing to provide for an effective opportunity for him to review his detention within a reasonable time.

It followed that s.15(3) was unconstitutional. The court has suspended making a formal declaration of unconstitutionality until November 2018.

Emily Logan, IHREC chief commissioner, said: “The right to liberty is expressly protected under our Constitution, and the protections provided under that right have been further clarified by the Court of Appeal today. This decision underlines the need for people to have reasonable and timely opportunities to have their detention reviewed, as their circumstances may change.

“The Commission has exercised our amicus curiae function in this case in light of the significance of the human rights and equality issues involved, and welcomes today’s ruling.”