Michael McDowell (Dublin South East, Progressive Democrats)

Regarding the suggestion that the terms used in the Bill should be made identical to those in the Mental Health Act 2001, the Mental Health Commission re-examined this issue and wrote to me to state that the definition of "mental disorder" as used in the Criminal Law (Insanity) Bill 2002 is identical to the definition used in the Mental Health Act 2001 when referring to issues of treatment. The Criminal Law (Insanity) Bill uses a different definition of mental disorder when the matter is considered during court proceedings. The Mental Health Commission stated it now accepts the need for that variation. It examined the issue following the Seanad debate and came to the conclusion that the arguments I made were valid. I should have stated that when I spoke on the matter earlier.

I listened to all of the descriptions and euphemisms. Everybody is "challenged" nowadays. I can be described as "follicly challenged". However, it is also true that I am balding. Sometimes we get into a condition of euphemising everything. If it is the consensus of the House that we use the term "disability" rather than "handicap", on reflection and having considered the arguments advanced, it seems that Deputy Costello's amendment to remove the word "handicap" and insert "disability" is preferable.

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