Michael McDowell (Dublin South East, Progressive Democrats)

I move amendment No. 1:

In page 3, line 20, after "1883," to insert "TO AMEND THE INFANTICIDE ACT 1949,".

I mentioned on Committee Stage that I was considering whether to change the law on infanticide. Having examined the matter in consultation with the Attorney General's office, I have decided to proceed with two amendments to the Bill which provide for amendments to the Infanticide Act 1949. My first suggested amendment, the inclusion in section 5(3), follows from the recommendation of the Henchy report. In that report the Henchy committee pointed out that the only existing recognition of diminished responsibility is to be found in the Infanticide Act 1949. That Act currently has a reference to a necessary condition for a finding of infanticide, namely, that at the time of the killing of a child under 12 months, the balance of the mother's mind was disturbed by reason either of her not having fully recovered from giving birth to the child or the effect of lactation after the birth of the child. The Act enables the jury to return a verdict of infanticide instead of murder in such cases, with the punishment being as for manslaughter.

The Infanticide Act allows the prosecution to proffer a charge of infanticide rather than murder in the first instance, whereas section 5 of the Bill, which deals with diminished responsibility, requires that the accused be first charged with murder and the defence of diminished responsibility must be raised by the defendant. On humane grounds, the Henchy committee favoured the retention of the Infanticide Act, with the accused being dealt with in the same manner as if she had been found guilty of manslaughter on grounds of diminished responsibility.

My second proposed amendment is in line with that approach. It has the effect of removing the reference to punishment, which is objectionable in this day and age, in these unfortunate circumstances. This amendment provides for the removal of the reference to lactation in section 1(3)(c) of the 1949 Act. I have consulted with the Office of the Attorney General on this matter on the basis that there has been some academic and legal criticism of the perceived narrow, medical, psychiatric basis for infanticide as set out in the current law. Accordingly, I have decided to remove the reference to lactation, which is dubious, and to replace it with a reference to mental disorder within the meaning of this new Act.

These amendments give rise to a consequential amendment in the Long Title of the Bill. My third amendment in this group provides for the Long Title to reflect the fact that the Bill also amends the Infanticide Act.

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