409. Deputy Mary Lou McDonald asked the Minister for Health if section 8 of the Mental Health Act 2001 does not prevent involuntary sectioning of persons with alcoholic use disorders; if the law allows for the involuntary sectioning of persons with substance use disorders and a mental health disorder; and if he will make a statement on the matter. [25348/17]

411. Deputy Mary Lou McDonald asked the Minister for Health the details of the operating clinical guidelines governing the operation of the Mental Health Act 2001 in circumstances in which there is an alcohol or substance use disorder; if these guidelines under the provisions of the Act make a distinction between primary or secondary disorders, that is, alcohol use disorder as the primary problem with a secondary other mental health disorder; if so, if they are in compliance with the Act; and if he will make a statement on the matter. [25350/17]

412. Deputy Mary Lou McDonald asked the Minister for Health if a person with a recent prescription for a psychotropic drug is considered to be a clinical indication of a mental health disorder under the guidelines of the Mental Health Act 2001; and if he will make a statement on the matter. [25351/17]

Minister of State at the Department of Health (Deputy Helen McEntee): I propose to take Questions Nos. 409, 411 and 412 together.

Section 8 of the Mental Health Act, 2001 outlines the criteria for the involuntary admission of a person into an approved hospital or other in-patient facility for the care and treatment of persons suffering from mental illness or mental disorder. It states that a person may be detained in such a centre where he or she is suffering from a mental disorder. It does, however, prohibit the detention of a person deemed not to have a mental disorder but who is addicted to drugs or intoxicants or is suffering from a personality disorder. Section 3 of the Act defines “mental illness” as being a state of mind which affects the person’s thinking, perceiving, emotion or judgement and which seriously impairs the mental function of the person to the extent that he or she requires care or medical treatment in his or her own interest or in the interest of other persons. The prescription of psychotropic drugs may be taken as a clinical indication of a mental health disorder if it has been prescribed to treat a mental illness.