Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I wish to deal with the question of language in amendment No. 5 and will revert to amendments Nos. 4 and 13 which are in this grouping. We dealt with the language issue on Committee Stage when the Minister said that in his view it was not pejorative or Victorian. He has repeated that view here. In dealing with legislation, especially amending legislation, we should always try to use the most modern terminology. For example, the language used in some of the old legislation which is to be repealed no longer has the same meaning it had 100 or 200 years ago. I recall that we dealt with the Aliens Act, which had a different meaning in the 1930s and 1940s. If one starts talking about aliens in today's terms, however, for most people it conjures up images of a green creature with two heads and huge ears.

As regards the Bill before us, even the Mental Health Commission said it considered the word "insanity" in the Bill's Title to be inappropriate as such terminology was outdated. My amendment, which is similar to Deputy Costello's, suggests changing the term "mental handicap" to "intellectual disability". The Minister is correct in stating that in horse racing, golf and other sports the term "handicap" is used. Outside the sporting domain, however, it is often regarded by the general public as derogatory to talk about somebody being handicapped. We should use this opportunity to change it to an appropriate term which has the meaning that we intend today. Obviously, we cannot plan for the future. Perhaps in 50 years when other parliamentarians are updating this legislation, they will have another term but we should always try to use the most modern terminology.

I attended an event yesterday at which I was able to examine the use of language in the convention on the elimination of all forms of racial discrimination. The committee working on that convention stated that "the use and maintenance of an offending term can at the present time be considered offensive and insulting, even if for an extended period it may not necessarily have been so regarded". Perhaps, therefore, the term "mental handicap" was not considered derogatory until recently. In this case we are dealing with another term but the same argument applies. That committee considered it to be its duty to recall the increased sensitivities in respect of words such as the offending term. The committee added that "in the interests of reconciliation, derogatory or offensive terms will not be used or displayed in future". The same should pertain in any instance where people have highlighted the fact that they would prefer that term not to be used in the legislation, as they have done in this case. We should have listened to what they said. It does not make any difference in terms of the legislation which can still proceed.

The other two amendments in my name, Nos. 4 and 13, seek to outline a definition of mental disorder. Having listened to the Minister on Committee Stage and again today, I still have not been won over to his argument on the two definitions concerned. I do not believe we should have two definitions of mental disorder. We should have a definition similar to that contained in the Mental Health Act 2001. Such definitions should be compatible across the board. If a caveat is required because of the situation in the courts, one can enter it there. I have outlined the definitions in amendment No. 13 to ensure we have a similar definition. I used the same argument when we were discussing disability in the Disability Act. We currently have three different definitions of disability in various legislation. Similarly, we will now have two definitions of a mental disorder.

The Mental Health Commission has raised questions about this matter, as did the National Disability Authority, which raised a substantial question mark over the definition. The authority stated:

We are concerned that the use of the two threshold definitions will be incompatible with human rights obligations since it would be easier to compel those before the courts than people living in the community and outside the criminal justice system to have mental health treatment. Also, those found unfit or insane under the proposed definition in the Bill will on occasion fail to qualify for hospital detention or treatment under the Mental Health Act.

Even at this late stage, I ask the Minister to re-examine this matter. Amendment No. 13 outlines exactly what is meant by "mental disorder". The amendment defines what is meant by "mental disorder" and the possible consequences, such as because of the varying severity of the illness, disability or dementia, somebody may be likely to harm himself or herself or is a threat to others or whether the treatment suggested would improve or alleviate the condition. It is in line with what the mental health commission suggested, and with most of the groups that made submissions and raised questions on the various definitions used. I ask the Minister, if at all possible, to consider the amendment.

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