Mental Health Commission rejects claims that questions to solicitor were discriminatory
The Mental Health Tribunal has rejected claims by a solicitor that it made remarks that were discriminatory of her when she was attempting to represent a client.
The claims were made by a solicitor who had attempted to represent a woman who was detained as an involuntary patient at a hospital under the Mental Health Act.
The solicitor had claimed she was not allowed by the tribunal to represent the woman, who cannot be named for legal reasons, at the hearing.
The patient did not want to be represented by another solicitor and left the tribunal hearing.
The tribunal in the patient's absence decided that the woman, who wants to return home, should remain an involuntary patient at the hospital for another six months.
As a result, the woman's lawyers sought and were granted an inquiry under Article 40 of the Constitution into the legality of her continued detention by the High Court on Friday afternoon.
When the case returned before Mr Justice Seamus Noonan today, the judge was informed by Feichin McDonagh SC for the woman that the application was not being challenged.
Counsel said it had been agreed that an order directing the woman's release could be made, but a stay was to be placed on the order so discussion concerning the woman's ongoing care can take place between the relevant parties.
A statement on behalf of the Mental Health Commission by Donal McGuinness SC, appearing with Mairead McKenna Bl, told the court that his client accepted "a patient is entitled to separately retain a solicitor who is not on the panel of solicitors maintained by the Commission".
The patient was denied this opportunity, therefore the case is conceded as her current detention is not in accordance with the law, counsel said.
"We sincerely regret that this issue arose," the statement said.
The statement added that there was some media attention which referred to a statement by the solicitor that she considered certain of the tribunal's questions as discriminatory.
"These queries had nothing to do with her ethnicity or gender and the suggestion to that effect is strenuously objected to by all three members of the tribunal who also have the right to the protection of their good name." the statement said.
Counsel said if a sworn statement on this issue is necessary the Tribunal would be more than happy to submit it to the court.
The solicitor had said in a sworn statement that when she was attempting to represent the woman certain remarks were made to her which she considered discriminatory.
She said the woman's family wanted her to represent her at a Mental Health Commission Tribunal, which periodically reviews decisions to make persons involuntary patients.
The woman had another solicitor previously assigned to represent her by the Commission.
The solicitor said she formally notified the Mental Health Commission that she was now representing the woman.
The solicitor claimed she was asked by the tribunal if she was qualified to practice in Ireland, and if she knew about the Mental Health Acts, and she was not allowed to represent the woman by the tribunal.
She said she found the remarks disturbing and considered them discriminatory given she is a woman and a black African.
The solicitor said she was admitted to practice as a solicitor in Ireland in 2013, holds a Masters Degree in Law from TCD, and is about to receive a Doctorate in Law from the same university.
She also claimed she was asked to be quiet and was permitted to sit at the back of the room where the tribunal was sitting but was not allowed to speak, take notes or make a recording.
