Finian McGrath (Dublin North Central, Independent)

I welcome the opportunity to speak in the debate on this Bill. Regarding amendments Nos. 5, 6 and 13, when we discuss definitions and language, it is important that we use proper and suitable language. We must listen to people directly involved in organisations and groups, particularly parents' groups, with focus on people with disabilities and their families. We must ensure the language used in legislation respects the rights of such people. We hear a great deal in this House about inclusion in society. If we are serious about it we must use the proper language and listen to the families and parents of people with disabilities and the people themselves on the terms used in the Bill.

When we discuss people with intellectual and physical disabilities we must move away from the idea that all they need is support. They are an important part of society, have a major contribution to make and have rights as citizens and taxpayers. This is often forgotten, particularly in lobbying for money for people with disabilities. Parents and families of people with disabilities are also taxpayers and have every entitlement to services in the State. They should not have to go cap in hand while people pretend to do good works and charity. The vast majority of parents of people with disabilities have rights as citizens and should be supported. I agree with the definition in amendment No. 13 because it is important.

When discussing crime in the context of this Bill, we must wake up to the reality that people with major mental disorders, who need our support and assistance, are on the streets causing havoc in their communities. I receive many calls at my clinic from particular families with a young son or daughter with a major illness who is responsible for assaults, violence and threats in his or her community and home. We must seek services for them. It is important to point this out.

The definition of "mental disorder" as outlined in the Bill is not compatible with the definition in the Mental Health Act 2001. In the Criminal Law (Insanity) Bill 2002, "mental disorder" is defined as including "mental illness, mental handicap, dementia or any disease of the mind but does not include intoxication". Section 3 of the Mental Health Act 2001 provides a more detailed and comprehensive definition of mental disorder. This leads to inconsistency in the Bill, as some sections refer to the definition of "mental disorder" as per the Mental Health Act 2001. As this definition underpins subsequent provisions of the Bill, it is essential that the definition of "mental disorder" is fully compliant with the definition of the Mental Health Act 2001 in all aspects of the proposed legislation.

I emphasise that when we discuss the Criminal Law (Insanity) Bill we must focus on two key issues, namely, definitions and the use of language when dealing with people with disabilities and that people in our communities with major mental disorders need support and services. If we do not act, somebody will be seriously hurt or killed. I am interested in preventing crime, which is a key strategy in any Department with responsibility for justice. We went into the numbers game this week regarding the Garda Síochána——

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