Dáil debates

Thursday, 23 March 2006

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages.

 

11:00 am

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)

What the Minister proposes is right, but it hinges on the definition of "mental disorder". A number of amendments to that definition are proposed also. The definition in the legislation reads:

"mental disorder" includes mental illness, mental handicap, dementia, or any disease of the mind but does not include intoxication.

The term "disease of the mind" is strange. The proposed amendment is that the Bill would refer to a "medical condition" rather than a disease of the mind —"at the time of the alleged offence he or she was suffering from a mental disorder such that he or she ought to be found not guilty".

Is the Minister satisfied that in changing from the word lactation, that this will cover the situation adequately? It is hardly a disease of the mind we are talking about. Would "medical condition" not be more appropriate terminology than "mental disorder"?

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