Results 1,521-1,540 of 7,777 for speaker:Joe Costello

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: It is a pity that the grouping of amendment's could not have been divided up, as they cover much ground. Amendment No. 3 relates to the definition of "intoxication". I welcome the Minister's amendment on this. It improves the situation we debated on Committee Stage. However, I do not like definitions where the same word is used as a noun and an adjective. In the Minister's proposal, the noun...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: One could indeed. It could be a hallucination. Some sinister statistics might appear, which one knows are quite untrue but which may not appear to be quite untrue. To my mind, that could be a mental condition but I am not so sure that it is a mental disorder, so we should explore that particular definition.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: That would be an interesting addition to our definition. We could examine that but I suppose that is easily solved. One can deflate or puncture an ego fairly quickly too, so there are solutions to that condition without having recourse to medical practitioners. This House is a great way to ensure egos do not get beyond their normal, average size. I have some concerns about the definition...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I will graciously accept that.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I move amendment No. 3: In page 4, between lines 2 and 3, to insert the following: ""intoxication" means in a state or condition induced by alcohol, a drug, or a combination of the two;". Will the Minister define "intoxication" in this context? Can the great minds of the draftspeople in the Department of Justice, Equality and Law Reform not find a synonym for this word?

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: Those are categories for a definition, this is an interpretation.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I move amendment No. 6: In page 4, line 5, to delete "handicap" and substitute "disability".

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I move amendment No. 7: In page 4, line 6, to delete "disease" and substitute "other disease or medical condition".

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I move amendment No. 12: In page 4, between lines 15 and 16, to insert the following: 2.—Every order made by the Minister or by the Minister for Health and Children under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made. This is a fairly standard proposal to ensure there is some level of accountability in respect of these orders. We need some...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I thank the Minister. He is in good form this morning.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: This is a vexed issue. On Committee Stage we spent some time discussing the appropriateness of the designation of a prison or part thereof as a suitable designated centre. The recommendation in the Henchy report of almost 30 years ago was that special units would be established to provide for persons who needed some care and detention facilities. We do not have even one special unit. The...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: Do we know the current figure?

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I probably put a bad thought in the Minister's head.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: The thorny question is whether we need to go down the road outlined by the Minister. We need some clarification. What happens at the moment? Is there any statutory underpinning of the transfer system between the Central Mental Hospital and Mountjoy for exceptional cases? How often has this happened? What is the best medical advice on this? What are the numbers involved? Do we need a unit at...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I move amendment No. 22: In page 5, to delete lines 41 to 48, and substitute the following: "(c) If the determination under paragraph (b) is that the accused person is fit to be tried, the person shall be sent back by the court of trial to the District Court to enable that court to exercise its functions under the Criminal Procedure Act 1967.". I tabled this amendment on Committee Stage, and...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I move amendment No. 29: In page 7, between lines 33 and 34, to insert the following: "(2) Where a person has been found guilty of an offence, but prior to passing sentence the court becomes of opinion that the person is suffering from a mental disorder, the court having imposed a sentence may recommend that the sentence shall be served in a specified designated centre until such time as the...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I move amendment No. 34: In page 12, line 41, after "oath" to insert "or affirmation". This pertains to the question of having the choice of oath or affirmation. The Minister has stated that this is covered in the Interpretation Act. However, that Act merely states that the oaths and truths affirmation is for people who are entitled to affirm. That is not the same as including a general...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: That is my point. There is a precondition for someone——

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: The Minister will not start a legal revolution in the matter. My point is, where are the criteria for use of oath or affirmation? In fact, people take the oath or they affirm. Does a judge ask them their beliefs? This does not really happen in practice. In practice, they state that they wish to affirm. As it stands, a person is entitled to affirm if he or she is allowed by law to do so. That...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: We could spend a day on it but the point is that my amendment is the correct one. The Minister is telling me that he does not want to get into that business because it is a bit of a morass.