Dáil debates

Thursday, 3 November 2005

Criminal Law (Insanity) Bill 2002 [Seanad]: Second Stage.

 

1:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

On behalf of the Fine Gael Party I am glad to support the Bill. It is not before time that we have the opportunity in the House to debate this complex area and the modernisation of our law. As a law student I was indoctrinated in the principles of the M'Naghten rules which dated back to the early part of the 19th century. It does us no credit as a Legislature that it is only now that we are updating the law in this regard. In the meantime, the courts have developed jurisprudence in this area which has softened the harshness of the old common law.

The Bill can be considered in a non-political context as it does not involve party politics. Therefore, any comments I make are not made from a party political perspective, although the following might be construed as such.

I note the Bill was originally circulated in 2002, which raises the question of why it should take so long — almost three years — to reach the floor of the Dáil. One of the reasons I make this point is owing to an appreciation of the pressures on Dáil time. Every year when we adjourn for the Christmas or summer recess, there are ritual protestations on the length of time of the adjournment. To make a serious point, if the problems in regard to Dáil time are the reason for not having serious, complex Bills of this nature dealt with by the House, we must in a non-political way stand back and consider the ridiculous number of days for which the Dáil sits. I say this apart from the ritualistic formulae that are produced when we are all rushing home for Christmas.

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