Results 1,321-1,340 of 1,966 for speaker:Mary Henry

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I move amendment No. 19: In page 5, subsection (3)(a), line 19, after "Court" to insert "having obtained the opinions of twoconsultant psychiatrists, one of whom is the relevant psychiatrist at the relevant designated centre or the Central Mental Hospital". The court would benefit from the advice of the psychiatrist of the centre to which it is proposed to send the person. It is not a...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: This is all very well, but there are no practical provisions in the Bill to make available resources to allow people to be maintained at the facility. The Minister is aware of the utterly appalling condition of the Central Mental Hospital. Approximately 30 beds at the hospital are unavailable because of an embargo on staff recruitment. What is the hospital supposed to do with people sent to...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: It is appalling.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I am aware the Minister visited the Central Mental Hospital. Like him, I am very shocked by the padded cells in use. When the Minister of State at the Department of Finance, Deputy Parlon, opened what the press called his "estate agency" for State property, I organised a Private Members' debate in the House on selling something to pay for the building of a new central mental hospital. One...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I do not mind where it is located as long as someone uses it but I would not like it to be in Abbottstown or somewhere like that just because the land is available. I do not think we can even convert the present complex into apartments——

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I move amendment No. 20: In page 5, subsection (3)(b), line 25, to delete "approved medical officer" and substitute "clinical director of the specified designated centre". In terms of the clinical director, any doctor will not do in this case. Whoever receives this person has to be in a position to say whether the institution is capable of taking him or her. The Minister will say they cannot...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I move amendment No. 21: In page 5, subsection (3)(b) line 29, to delete "or" and substitute "and". I explained earlier the reason I believe it is important to use the term "care and treatment" rather than "care or treatment". The custodial element of care is being preserved and separated from treatment but as I pointed out to the Minister when I discussed it earlier, treatment does not mean...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: On page 10 line 5, page 8 line 33, page 9 line 17, page 15 line 23, page 16 line 30, page 17 line 1, page 22 line 30, page 36 line 2, page 37 line 9, page 59 line 3, page 41 line 10, page 43 line 45, page 50 line 47, page 51 lines 15 and 19 and page 50 line 33 of the dreaded Mental Health Act, the term "care and treatment" is used. The only time "care or treatment" is used here is on page 15...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: He has agreed to do that in two areas.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: The Minister generally agrees with it. It is a matter of ensuring consistency.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I move amendment No. 22: In page 5, subsection (3)(b), line 30, to delete "commit him or her to a specified designated centre" and substitute "commit him or her to the designated centre subject to the agreement of the clinical director of the specified designated centre". This again seeks to ensure that the clinical director be given some possibility of saying his or her unit is entirely...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I move amendment No. 29: In page 6, subsection (5)(c), line 27, to delete "or" and substitute "and". This appears to be the amendment on which there is some good news.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I move amendment No. 30: In page 6, subsection (5)(c), line 28, to delete "a specified" and substitute "the specified". The court should know where the person is going. It should not refer to "a specified designated centre" and I propose changing this to "the specified designated centre". A decision should be made as to where the person should go.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: It is unsatisfactory not to know where the person will go.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I move amendment No. 32: In page 7, subsection (8), line 9, after"alleged" to insert "excluding any reference to a specific intent". I did not think it up on my own and was given advice on this matter as follows: This has caused confusion and difficulty in the jurisdiction of England and Wales since "act alleged" can be taken to mean the offence alleged. Where the offence is murder, a person...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I seem to have got to know far too many forensic psychiatrists. However, apparently it has caused difficulties in England.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I move amendment No. 34: In page 7, subsection (1), lines 16 and 17, to delete "a consultant psychiatrist" and substitute "two approved medical officers, one of whom is the relevant consultant psychiatrist at the relevant designated centre or the Central Mental Hospital". Here we are again. I am trying to get some advice for the Minister and for the court from people who should be useful....

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: What a surprise.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I move amendment No. 35: In page 7, subsection (1)(a), line 19, after "disorder" to insert "(within the meaning of the Mental Health Act 2001)". Again I refer to the Mental Health Act. It would be useful to have one form of mental disorder in the Bill, which ideally should be the same form of mental disorder as is covered in theMental Health Act. However, we are now working under the...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Mary Henry: I move amendment No. 36: In page 7, subsection (1)(b), line 26, to delete subparagraph (iii). This is an important amendment. I have a copy of the third interim report of the Interdepartmental Committee on Mentally Ill and Maladjusted Patients. As far as I am aware, the McNaughton rules, when first published, did not contain a section on the defence of "irresistible impulse" and that it in...