Joe Costello (Dublin Central, Labour)

It is a pity that the grouping of amendment's could not have been divided up, as they cover much ground.

Amendment No. 3 relates to the definition of "intoxication". I welcome the Minister's amendment on this. It improves the situation we debated on Committee Stage. However, I do not like definitions where the same word is used as a noun and an adjective. In the Minister's proposal, the noun "intoxication" is defined by the adjective "intoxicating influence". It does not give a concrete definition. It is like saying "drunkenness" means "being drunk" or "intoxication" means "under an intoxicating influence". Although the Minister claims this is the definition used in the Criminal Justice (Public Order) Act 1994, the Act could have benefitted from a consideration of the appropriateness of the definition. The rest of the amendment covering the influence of any alcoholic drink, drug, solvent or any other substance or combination of substances is appropriate.

Amendment No. 6 proposes to delete the term "handicap" and substitute it with the term "disability". It relates to a concern expressed on Committee Stage that terminology should be as up-to-date as possible. On Committee Stage, the Minister agreed he would seek to determine whether more modern terminology could be used by consulting organisations dealing with disability. Has he done so and does he feel the Bill has the best wording?

The term "handicap" is used in sports, say horseracing, in a technical sense. "Disability" has overtaken "handicap" as accepted terminology. There are other terms such as "physically challenged" and "intellectually challenged". The amendment aims to ensure terms are not introduced that will grate with organisations working with people with disabilities.

Amendment No. 7 addresses the definition of "mental disorder". I am concerned that it includes mental illness, mental handicap, dementia or any disease of the mind. The term "disease of the mind" has particular resonance. While I accept it comes under the definition of "mental disorder", it is not broad enough to cover other mental conditions.

This would be true for the Minister's first amendment on the Infanticide Act 1949. Amendment No. 32 provides measures to deal with a woman found guilty of infanticide in accordance with subsection (1). The Minister correctly wants to delete the term "effect of lactation" from consideration of infanticide. However, how does the definition of "mental disorder" cover a postnatal situation? How is the state of mind of a woman covered in a possible case of infanticide? It includes mental illness, but it is not a mental illness, a mental handicap, dementia or a disease of the mind. I do not see where it fits in. It would fit in if the Minister accepted my proposal to delete "disease" and substitute "other disease or mental condition".

Amendment No. 47 proposes to substitute the term "mental condition" with the term "mental disorder". This is the opposite situation where the interpretation is too wide. I am suggesting the term "a mental disorder" to define it more specifically because "the mental condition" could refer to something else. One could have a mental condition if one was under stress. For example, let us say that a person had a very bad day at the office, came under severe stress and had a sleepless night.

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