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Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: On Second Stage I indicated I did not intend to be adversarial and that my intention was to ensure the highest standard of practice. I certainly take the point raised and I recognise Senator Bacik's professional involvement in this area and I will not spend time arguing as I can see the points raised. On Second Stage I made the point that it was a very sound and sensible proposal to...

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: I thank Senator Bacik for not moving amendment No. 2 and I make a clear commitment to deal with these issues on Report Stage. It is fair to state that we do not come to the House to oppose amendments. Far from it; we want the completed legislation to have the central tenets of what is proposed and suggested in A Vision for Change and that is from where I begin. Senator Bacik made reference...

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: I reiterate that I am prepared to take suggestions on Committee Stage. I also may take advice from the Irish council. In this context, I will have time before Report Stage to take into account and consider all of the proposals made. I again make the point that this is not the kind of legislation on which one simply votes down amendments. It is a matter of trying to come to the correct...

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: While it would not result in a material change, unfortunately, it would unravel the entire structure of the section. Section 13B(1) specifically uses the deeming approach to the revocation of a conditional discharge order where there is a material breach of the order. I note that section 13B(2) provides that a person is in material breach of an order where the clinical director on...

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: I can see the sense in the suggestion that we give the clinical director more authority and allow for more involvement. Before Members return on Report Stage, I will consider the level of unravelling that would be required in respect of this suggestion. Is that okay?

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: I must determine the overall implications before tabling an amendment. Would that be okay?

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: I would presume under the European arrest warrant, but I do not want to assume at this stage in the debate. I must discuss it with the Minister for Justice, Equality and Law Reform in terms of what safeguards could be included in which legislation or even under what aspect of the justice portfolio it would fall. I would presume under the European arrest warrant, but I ask the Senator to...

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: Including a reference to section 13A or section 13B might be possible.

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: I have been advised that we can examine the matter for Report Stage.

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: I commend this technical drafting amendment to the House.

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: I thank Senator Bacik again. The name change suggested by the amendments might appear on the face of it to be a simple matter but it raises complex and fundamental issues. I might take some time to go through a few of them. The word "insanity" was used in the title of the 2006 Act because it is the correct description of that Act's contents. The Act's definition of "insanity" was drafted...

Seanad: Criminal Law (Insanity) Bill 2010: Committee Stage. (1 Apr 2010)

John Moloney: I have to accept that in a ten year period we did not examine the implications of change. However, as the opportunity presented itself we moved from speaking about the trial of lunatics to referring to mental incapacity. The comprehensive review of the Bill will present an opportunity for further change. Between now and Report Stage I will also have an opportunity to examine the...

Written Answers — Departmental Correspondence: Departmental Correspondence (1 Apr 2010)

John Moloney: I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Written Answers — Mental Health Services: Mental Health Services (1 Apr 2010)

John Moloney: I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Written Answers — Services for People with Disabilities: Services for People with Disabilities (1 Apr 2010)

John Moloney: I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Written Answers — Services for People with Disabilities: Services for People with Disabilities (1 Apr 2010)

John Moloney: I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Seanad: Social Welfare Benefits (1 Apr 2010)

John Moloney: ): I thank Senator Ryan for raising this issue and for giving me the opportunity to clarify the position on the operation of community welfare services and related services in Balbriggan. The community welfare service, currently run by the Health Service Executive, administers the supplementary welfare allowance, SWA, scheme on behalf of the Department of Social and Family Affairs. I am...

Seanad: Social Welfare Benefits (1 Apr 2010)

John Moloney: The Senator is obviously closer to this matter than I am. The script which I was charged to deliver indicates that the aim is to secure a suitable premises. The Senator lives in the area and is aware of the actual position. In such circumstances, I will undertake to arrange a meeting involving the Senator, the Minister and me, which will take place following the Easter recess, in order...

Seanad: Head Shops. (1 Apr 2010)

John Moloney: I thank Senator Ó Domhnaill for raising this matter. The issue of so-called head shops is one the Government is addressing in a co-ordinated and multifaceted manner. I welcome the opportunity to outline the actions that are being taken. I accept the points made by the Senator and wish to indicate that the Minister for the Environment, Heritage and Local Government, Deputy Gormley, and his...

Special Educational Needs: Motion. (31 Mar 2010)

John Moloney: I appreciate the opportunity to respond to the debate to which I have listened intently this evening. I recognise that the issue is one of great concern not just to Opposition Deputies, but also to Government Deputies. It was one of the first occasions in my time in the House to hear the spokesperson who tabled the motion being praised by Government Members. That is an indication of the...

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