Pictured at the one-day conference on Law and Mental Health at NUI Galway, l to r: Shivaun Quinlivan, Lecturer, Law Faculty NUI Galway; Dr. Jimmy Devins, Minister of State with special responsibility for Disability and Mental Health; Ursula Connolly, Lecturer and Conference Organiser, Law Faculty, NUI Galway. 

The conference on Law and Mental Health held at NUI Galway on Nov 14 was organised with the support of the Health Service Executive (HSE) and the Department of Health and Children.

Ursula Connolly from the law faculty at NUI Galway addressed the issue of the extent to which an employer can be held liable when an employee suffers from mental ill-health due to conditions at work.

She cited a recent case in England in which an appeals court ruled that an employer could be found liable for the suicide of an employee. In the case of Corr v IBC Vehicles Ltd, the employee had survived a near fatal accident at work in 1996 which led to an escalating depressive illness which culminated in his suicide in 2002. This decision is currently being appealed to the House of Lords.

Ms Connolly said that in her opinion many of the cases being taken against employers at present were too "employer biased", despite employers' potential liability arising from the common law principles of negligence and from legislation which places an obligation on employers to protect the mental and physical well-being of employees.

She pointed to a National Economic and Social Forum (NESC) report published last week which found that less that 20 per cent of employers had a policy on mental health. Given the potential for liability, this was something that had to change, she said.

"A recent Irish study found that up to 20 per cent of suicides could be attributable to employment factors. If that is correct and if it is found, an employer can be held liable, which is very significant.

"There is more and more research and statistics linking mental injury and the workplace, and the increase in litigation places a greater burden on the employer than ever before," Ms Connolly said.

Dr Mary Keys, also from the law faculty at NUI Galway, and a member of the Mental Health Commission, said that mental health was an issue for every individual.

"Our mental wellbeing underpins society, both economically and socially. Despite this critical importance, the mechanisms are still not in place by government to provide the multi-disciplinary approach necessary to support mental health in Ireland.

“We cannot afford to delay on implementing strategies as set out in the Government’s 2006 policy document A Vision for Change.  Delays and half-measures will have profound effects on all aspects of society," she warned.

Dr Keys said the commission had proposed a Mental Capacity Bill which was passed through the Senate last February in its first reading.

"This is really important, not just in mental health cases but in nursing homes, residential centres and hostels where others are acting on behalf of people without proper legal authority," she said.

The Law and Mental Health conference was opened Dr. Jimmy Devins, Minister of State with special responsibility for Disability and Mental Health, and was chaired by Martin Rogan of the HSE. The opening address was delivered by Donncha O’Connell, Dean of Law, NUI Galway, while Professor Gerard Quinn, an international expert in the field of disability law, acted as rapporteur. (Sources: NUI Galway; Irish Times)