Dáil debates

Thursday, 3 November 2005

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

 

3:00 pm

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)

I take this opportunity to refer to relevant correspondence I recently received from a concerned citizen, a former member of the Garda Síochána who has, in the past, raised his concerns with his superiors. They relate to the serious crimes, including murder, committed by psychiatric patients who are released by hospital authorities. In his correspondence, which I have forwarded to the Minister, he is strongly of the opinion that many of these outrageous and horrific crimes could and should have been prevented. He has tried since 2001 to have the matter raised and resolved but to no avail.

Will such matters be covered by this legislation? My correspondent suggests the Department should furnish a record of all murders and other crimes committed by persons in receipt of psychiatric care at the time of the crime. Such information should be readily available. The departmental officials may even be able to provide it for the Minister of State for his reply. I have little doubt that many of the serious crimes committed in the past five years are associated with persons who were in receipt of treatment for mental illness, or should have been.

This former garda refers to a number of the most high profile cases, including the famous incident in Claregalway some years ago, the recent case in Dundalk and the murder of a retired teacher in Galway by a psychiatric patient in 2002. He argues that since the closure of practically all psychiatric hospitals some years ago in favour of a policy of treating psychiatric patients in the community, it seems many murders have been committed by persons who would heretofore have been placed in a secure psychiatric hospital.

I am aware of the success of the programme of treating psychiatric patients in the community. I have seen such programmes in action in my constituency. There must, however, be some demarcation line where certain people should not be allowed into the community because of the genuine concerns expressed by my correspondent. Other members of the Garda would agree with the point he makes strongly that it is now practically impossible to have a person committed to a mental hospital, following certification by a GP. He points out that gardaí are often requested to provide escorts for violent patients certified by local doctors, who have a full history of the patients, only to find that they are released back into society within 24 hours and regularly cause further trouble in the community. This was his experience in his division and it is the experience throughout the country.

He also suggested that the Department of Health and Children should at least be informed by the Garda authorities, via the Department of Justice, Equality and Law Reform, of the situation. Hopefully, this Bill will cause that to happen. This person sent me copies of a number of newspaper articles. One is from The Irish Times of 3 April 2003 which states that there is little provision to prevent violent attacks by disturbed young people. The article goes on to describe an attack carried out in St. Stephen's Green in Dublin by somebody suffering from attention deficit hyperactivity disorder. Perhaps the Minister will discuss those matters when he replies.

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