The word "insanity" is used in the 2006 Act because this is the correct description of the contents of the Act. The definition of "insanity" in the 2006 Act was drafted on the basis of the decided judicial authority and the precise meaning of insanity and the circumstances in which the finding of insanity will excuse a person from criminal liability. The House may be aware that this issue was extensively debated during the passage through the Oireachtas of the 2006 Act. The 2006 Act was in gestation for ten years during which time the issue was examined in great depth. I mention such long periods of deliberation to stress the complexity of the issue which has been raised. The plea of insanity in Irish law is an excuse rather than a condition. It is also a factor that excuses liability from the commission of a crime. Our law places the matter within legal parameters directly related to personal responsibility for one's action. In this scenario medial evidence will be influential but not decisive. This means that an accused person who has been diagnosed as mentally insane may fail to satisfy the criteria for criminal insanity in law.

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