Michael McDowell (Dublin South East, Progressive Democrats)

There is nothing to prevent a judge who is passing sentence from expressing an opinion of this kind. Hence, making a formal statutory provision for it would elevate it to an unnecessary degree of importance. While I have an enormous respect for the Judiciary, sometimes the opinions of its members on the question of mental treatment may or may not be correct. It is more appropriate that the opinion of skilled professionals employed by the State to come to considered opinion in such matters receives primary attention.

One cannot stop a judge from making such a recommendation if he or she so wishes. However, if this provision were to be included in the statute, judges would almost certainly be asked to begin making recommendations. They would then ask on what basis should they make such recommendations and evidence would be brought before them, going this way and that. Time would be wasted by having a formal debate because there would be a statutory jurisdiction for the court to do so.

Hence, I would prefer if matters remained as they are. A judge who really believes something like this should be able to make a recommendation. It can then be left to the authorities to decide whether the judge's opinion is correct without having an adversarial debate with barristers on both sides calling evidence to get a recommendation. As the Deputy's amendment makes clear, such a recommendation would not be binding in any event. Hence, we would be better off if we left it without law attached to it.

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