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Seanad: Order of Business. (20 Apr 2010)

Ivana Bacik: In that context, I ask once again for a debate on women's participation in politics. We have been promised such a debate many times in the past few months. Members on both sides of the House are seeking a debate on the issue and I ask the Leader to commit to a date as a matter of urgency.

Seanad: Order of Business. (20 Apr 2010)

Ivana Bacik: It is not political opportunism.

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

Ivana Bacik: I welcome the Minister of State and commend him for his strong and stated commitment to mental health reform. I am delighted he has accepted the principle behind the much more inelegantly drafted amendment in my name. I will not be pressing amendment No. 2 because amendment No. 1 deals with most of the issues I raised previously. On Second Stage I expressed concern that fitness to be tried...

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

Ivana Bacik: I am very much obliged to the Minister of State for his very full response. I look forward to hearing more on it on Report Stage.

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

Ivana Bacik: I move amendment No. 3: In page 5, between lines 17 and 18, to insert the following: "(c) The references in this subsection to a court shall not include the District Court.". I have already spoken a little about this amendment and the intention behind it, which is to remove the jurisdiction to deal with section 4(6) applications from the District Court in its entirety to facilitate the court...

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

Ivana Bacik: I again thank the Minister of State for indicating he will reconsider this issue before Report Stage and thank other Members for their contributions. In response to Senator Walsh, the issue of delay is a concern. One must also consider the societal considerations, the protection of the public and so on. However, the matters pertaining to the District Court are minor and the difficulty has...

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

Ivana Bacik: I am grateful to the Minister of State and will not press the amendment at this point. However, I will revert to it on Report Stage. Amendment, by leave, withdrawn. Section 3 agreed to. Sections 4 to 6, inclusive, agreed to.

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

Ivana Bacik: I move amendment No. 4: In page 8, line 48, to delete "A person is in material breach of his or her" and substitute "The clinical director may revoke a". This amendment relates to the provision in section 7 that inserts new sections 13A and 13B in the 2006 Act. As drafted, section 13B(2) states, "A person is in material breach of his or her conditional discharge order where the clinical...

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

Ivana Bacik: While I take the Minister of State's point that it might have an effect on some of the other provisions, it might be more accurate and honest for the clinical director to be obliged to take responsibility for revoking the conditional discharge order. Under the wording I have tabled, the position would be more honestly stated. On the section as drafted, it appears as though the private belief...

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

Ivana Bacik: Yes. I thank the Minister of State.

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

Ivana Bacik: Yes. Amendment, by leave, withdrawn. Question proposed: "That section 7 stand part of the Bill."

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

Ivana Bacik: Before we move away from section 7, I have something general to say regarding section 13B. On Second Stage, I stated my full support for that section. It is also supported by everyone working in the field. The idea of a conditional discharge has often been suggested since the passing of the 2006 Act, so this is an important and welcome change. I wish to put down a marker for Report Stage....

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

Ivana Bacik: I have a further technical point to raise about section 7. On page 10 just before the new section 13C, the Bill states: "the Board may exercise all the powers available to it under section 13 in relation to that patient". Should this provision not also refer to sections 13A and 13B? The current provision might not be appropriate.

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

Ivana Bacik: I am referring to line 9 on page 10. It is a drafting point that I did not notice previously, so I apologise for not raising it in an amendment.

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

Ivana Bacik: I thank the Minister of State. Question put and agreed to. SECTION 8. Government amendment No. 5: In page 10, line 38, after "Schedule 2" to insert "to the Act of 2006".

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

Ivana Bacik: I thank the Minister of State for adopting this Labour Party amendment to redress an omission in the section. Amendment agreed to. Section 8, as amended, agreed to. Section 9 agreed to. SECTION 10.

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

Ivana Bacik: I move amendment No. 6: In page 11, subsection (1), line 8, to delete "(Insanity)" and substitute "(Mental Disorder)". I raised this issue on Second Stage when I discussed the way in which the philosophy of the law on the treatment of persons with mental disorders in the criminal system has evolved. Generally speaking, the treatment of persons with mental illness has moved from an...

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

Ivana Bacik: I thank the Minister of State for his response. I know the 2006 Act had a long gestation period. It is a shame that, during that period, a better term was not found to replace the term "insanity". I accept what the Minister of State says about mental disorder. That may not be the appropriate term because it may lower the threshold of guilt. I am well aware of the genesis of the defence...

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

Ivana Bacik: I thank the Minister of State. Amendment, by leave, withdrawn.

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

Ivana Bacik: I move amendment No. 7: In page 11, between lines 9 and 10, to insert the following subsection: "(2) The Act of 2006 and this Act may be cited together as the Criminal Justice (Mental Disorder) Acts 2006 and 2010.". Amendment No. 7 makes the same point. Its purpose is to ensure that the 2006 Act will be referred to in future as a part of a number of Acts to do with mental disorder rather...

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