Oireachtas Joint and Select Committees

Tuesday, 8 November 2022

Select Committee on Justice and Equality

Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I move amendment No. 13:

In page 21, between lines 29 and 30, to insert the following: “Amendment of Schedule 1 to Criminal Law (Insanity) Act 2006

40.Schedule 1 to the Criminal Law (Insanity) Act 2006 is amended by the insertion of the following paragraph after paragraph 8:
“8A. Where the chairperson is temporarily unable to perform his or her duties as chairperson due to absence or incapacity, the Minister may appoint—
(a) a member of the Review Board, or

(b) any other person,
possessing the qualifications referred to in paragraph 2 of this Schedule, to act as chairperson for the duration of the period of absence or incapacity.”.

This amendment makes provision for the appointment by the Minister of a suitably qualified substitute to act as the chair of the Mental Health (Criminal Law) Review Board should the current chair be absent or incapacitated. As members will be aware, there is a strict statutory time limit which applies to the board. This provision will ensure that those time limits may be met should an issue arise. We are just covering all possible scenarios that might arise.