Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

We have consensus amongst the relevant sectoral groups that the Criminal Law (Insanity) Bill 2002 is to be generally welcomed as a concerted effort to reform this previously neglected area of law, which dates from the 19th century. The groups I refer to include Schizophrenia Ireland, the National Disability Authority, the Human Rights Commission, Mental Health Ireland, the Mental Health Commission, and Mental Health Nurse Managers Ireland. On behalf of Sinn Féin, I also welcome this legislative initiative to progress the State in addressing the needs of mentally disordered offenders.

Leagfaidh mé roinnt de na gnéithe amach atá ag déanamh buartha dom maidir leis an Bhille seo níos déanaí. Tá a lán acu ardaithe cheana féin ag na grúpaí a luaigh mé agus grúpaí eile nach iad. D'ardaigh siad an cheist leis an Aire go díreach conas is féidir an Bille seo a leasú.

Tosóidh mé ar bhonn dearfach — deis nach mbíonn agam go ró-mhinic le reachtaíocht ón Aire seo. Tá sé go maith go bhfuil athrú ag teacht air. Measaim go bhfuil sé tábhachtach go bhfuil an Bille seo os ár gcomhair agus gur féidir linn déileáil leis chomh tapaidh agus is féidir. Tá sé sin tábhachtach, agus tá gá leis láithreach; ar ndóigh, bhí gá leis le tamall maith de bhlianta.

A number of elements of this Bill are welcome, including efforts to align civil and criminal law provisions on mental disorder, affirming and codifying common law decisions on criminal insanity, providing a framework for determining fitness to be tried, setting up a standard for the ongoing review of the need to detain those who have offended while suffering from a mental disorder and the stated intention to bring the State more in line with its obligations under the European Convention on Human Rights. I also welcome the fact the proposed legislation is applicable to existing detentions and that the Bill appears to protect the right of persons to fair proceedings, effective remedies and to challenge detention as set out in the Constitution and in articles 5, 6 and 13 of the European Convention on Human Rights. Furthermore, the recommendation of the Human Rights Commission, that the initial period of detention applicable to someone who is found not guilty by reason of insanity be reduced from 28 to 14 days is included in the Bill as passed by the Seanad. For once, the Minister appears to have listened to the Human Rights Commission.

That said, I have a number of concerns, some of them serious, about a number of aspects of this Bill. The key concern for Sinn Féin is that the implementation of this Bill must not be reduced to a component part of the Minister's fundamentally flawed broader agenda for prisons. People suffering from mental illness must not be held in prisons. A judgment of the European Court of Human Rights on the matter is unequivocal in requiring that, where a person is detained for mental illness, he or she must be held in a clinic and not in a prison. The UN Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care also clearly prohibits the use of prisons or parts thereof. The spirit of this clearly implies that locating people suffering from mental illness on the site of a prison is also inappropriate, as my colleagues already stated. All references to prisons in the provisions for the designation of centres must be removed from the Bill, in line with the Human Rights Commission's recommendations.

My second major concern about this Bill stems from the chronic under-resourcing of mental health care services. The Bill must be amended to ensure its implementation will not result in any negative impact on non-offending people suffering mental illness, as a consequence of increased security measures in their treatment facilities. In my area, I have campaigned for Ballyfermot Mental Health Centre to be replaced with a new facility. The conditions there are Dickensian. I hope joined-up thinking will take place between the Ministers for Justice, Equality and Law Reform and Health and Children to ensure the provision of proper resourcing and funds so that those suffering from mental illnesses are properly catered for within the community before they end up in court and in some type of detention as a result of court proceedings.

If more money, investment and thought was put into addressing mental health care facilities throughout the island, people with mental illnesses ending up in court may not be as major an issue. I ask the Minister to discuss this with the Tánaiste and his colleague the Minister for Finance to ensure the Estimates and the budget see money invested in the first port of call for many suffering from mental illness.

I suggest the Bill be amended to provide alternatives to committal to a designated centre. According to the Mental Health Commission, a wider range of options should be open to the Judiciary to ensure the most appropriate intervention is offered to the person. This might be where additional investment in local community mental health centres is available so that a judge has the option to refer those persons to specialised treatment in those centres.

Schizophrenia Ireland has argued that the thrust of modern health treatment recommends such treatment in the community as the preferred option and that inpatient care should be regarded as a last resort. Treatment in the community is pointless if the facilities are Dickensian, decrepit or falling down around the workers, or the patients and families who use them. An investment in facilities is urgently required.

If the Minister is on the Ballyfermot Road at any stage, just left before Cherry Orchard hospital he will see the state of the Ballyfermot Mental Health Centre. I have heard that its condition is not dissimilar to other centres.

Schizophrenia Ireland stated that in specifying inpatient care as the only form of care, the Bill is at odds with the central philosophy of community care. An additional concern of mine relates to the language of the Bill and this has been referred to by other speakers. A number of sectoral groups, in particular, have expressed the view that terms such as "insanity" and "mental handicap" are archaic and unacceptable in contemporary practice, due to the potential to demean and stigmatise individuals suffering from mental illness or disorders and persons with an intellectual disability. The Human Rights Commission has recommended that the terms "insanity" be replaced by the term "mental disorder" and "mental handicap" by "intellectual disability". This would also facilitate legislative consistency. Hopefully the Minister will take on board the recommendation from the Human Rights Commission, since he is in that mode at present regarding this Bill.

Some groups have already criticised this Bill on the grounds that some aspects of it are inconsistent with the Mental Health Act 2001. We need to ensure consistency in Bills dealing with similar areas. Some sections of the Bill will require amendment if they are to comply with the provisions of the Mental Health Act. As the Bill is currently drafted, the operation of the proposed mental health criminal law review board shall have regard to the welfare and safety of the person whose detention it reviews under this Act and to the public interest. The Human Rights Commission has recommended that this be replaced by the formulation adopted in the Mental Health Act 2001 which states that the best interests of the person shall be the principal consideration, with due regard being given to the interests of other persons who may be at risk of serious harm if a decision is not made.

Fáiltíonn Sinn Féin roimh an Bhille seo mar chéim chun tosaigh i bpróiseas leasaithe atá thar am. D'ainneoin sin, beidh mé ag cur na leasuithe atá luaite agam, a bhaineann leis na gnéithe sin atá ag déanamh buartha dom agus do ghrúpaí eile, os comhair an Aire. Tá súil agam go nglacfaidh sé leo roimh i bhfad. Tá súil agam freisin go mbeidh muid ag teacht ar ais anseo ag deireadh an phróisis reachtaíochta seo le Bille a bheidh i bhfad níos fearr, ar féidir linn bheith bródúil as, agus go gcuideoidh sé leo siúd — seachas cur ina gcoinne — atá gafa le galar intinne nó a leithéid. Ba cheart dúinn bheith in ann bheith bródúil as agus tairbhe éigin a bhaint as. Bheadh an deis againn ansin seasamh suas os comhair andomhain seachas os comhair chúirt an domhain agus a rá gur seo an bealach chun cinn ar chóir do thíortha eile a leanúint.

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