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Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: I am glad the Minister agreed to change the word "disposal", which would be more appropriate for the Department of the Environment, Heritage and Local Government or for waste management, for example. I had proposed one word to replace "disposal", whereas the Minister has chosen to put in a few more. However, I accept the amendment.

Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: Shall we take the amendments together? Would that assist the Minister of State?

Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: The Bill as drafted allows the question of sanity to be raised at any time, even after a trial has commenced. The plea of insanity has been open to abuse in the past. It is often raised at such a late stage as to call into question the reliability and the truth of the plea. Pleas of this nature often only arise when the legal team arrives on the scene. If the mental condition of an accused...

Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: I thank the Minister of State and his officials. This legislation took a long time to draw up. It is two and a half years since we dealt with Committee Stage. I agree with Senator Henry in that it is disappointing the Minister of State was not more forthcoming and accepting, especially with regard to care and treatment. The Minister praised Mr. Justice Henchy but it is a pity he did not take...

Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: I also fully support this amendment. The question of treatment is essential. How can the Government insert "care or treatment" and not accept "care and treatment" in a situation like this as has been explained by Senator Henry? It is inexplicable, because treatment should be there and the people affected must be treated as patients. They should also be entitled to treatment. I ask that the...

Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: I second the amendment.

Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: I move amendment No. 47: In page 9, to delete all words from and including, "or of any" in line 42 down to and including "been convicted," in line 43. Aspects of section 7(3) are quite remarkable. As drafted it allows the Circuit Court judge to find the person guilty of a charge that the court, in the words of the section "shall substitute a verdict of guilty of the offence charged or of any...

Seanad: Order of Business. (19 Apr 2005)

Maurice Cummins: I ask that the Minister for Transport be invited to the House to discuss the question of delays in driving tests. In my constituency in Dungarvan town the waiting time for driving tests is 61 weeks. It is estimated these delays cost young drivers in excess of €50 million in extra premiums. Given that it is an ongoing problem that has not been addressed to date, what does the Minister intend...

Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: I second the amendment. It is a reasonable amendment and addresses a sensitive point. I fully support the sentiments expressed on the subject by Senator Henry.

Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: I second the amendment.

Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: I move amendment No. 17: In page 5, between lines 4 and 5, to insert the following: "(2) An accused person is presumed to be fit to be tried unless the contrary is shown.". I propose this amendment purely in the interests of certainty. The Minister should have little difficulty accepting it as it is not contrary to the policy behind the Bill. I merely want to make it clear that all persons...

Seanad: Criminal Law (Insanity) Bill 2002: Report and Final Stages. (19 Apr 2005)

Maurice Cummins: I second the amendment.

Seanad: Statute Law Revision (Pre-1922) Bill 2004: Second Stage. (13 Apr 2005)

Maurice Cummins: No ecumenism on that side of the House.

Seanad: Statute Law Revision (Pre-1922) Bill 2004: Second Stage. (13 Apr 2005)

Maurice Cummins: I am sorry to interrupt the Minister of State. Is there any news on the Interpretation Bill, a matter raised by Senator Quinn and myself?

Seanad: Rights of Migrant Workers: Statements. (13 Apr 2005)

Maurice Cummins: I would like to share my time with Senator Feighan.

Seanad: Rights of Migrant Workers: Statements. (13 Apr 2005)

Maurice Cummins: I welcome the Minister of State to the House. The appalling conditions experienced by many migrant workers in this country are a national disgrace. Unscrupulous employers are responsible but the Government must share the responsibility for its failure to take prompt and decisive action in the area. Employers found to be in breach of the regulations should if possible be jailed. The Leader was...

Seanad: Statute Law Revision (Pre-1922) Bill 2004: Second Stage. (13 Apr 2005)

Maurice Cummins: I welcome the Minister of State to the House. The last time I heard of Poynings Law was in history class in national school, which was several years ago.

Seanad: Statute Law Revision (Pre-1922) Bill 2004: Second Stage. (13 Apr 2005)

Maurice Cummins: Despite the fact that we spend most of our time debating Bills and Acts, it is rare that we get an opportunity to discuss legislation in a general sense. I very much welcome the Bill and the opportunity to discuss the state of our Statute Book and the ways in which it might be improved. Special mention must be made at the outset of Mr. Edward Donelan, the director of the statute law revision...

Seanad: Order of Business. (13 Apr 2005)

Maurice Cummins: A debate on the fluoridation of public water supplies would be timely. It has recently been suggested in newspaper reports that a recommendation to reduce the fluoride content in tap water was given more than three years ago, with the Government failing to act on it. Will the Government say when it intends to amend or reform the Coroners Act? We saw a ludicrous situation recently involving a...

Seanad: Expressions of Sympathy on the Death of His Holiness, Pope John Paul II: Motion. (12 Apr 2005)

Maurice Cummins: I join with my colleagues in these tributes to Pope John Paul II. When one thinks of his predecessors, the image that comes to mind is of a Pope being carried on his throne through the Vatican. It was Pope John Paul II who dispensed with this practice. By doing so, he showed himself for what he always was — a man of the people. Throughout his papacy, he showed himself as a humble and...

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