Michael McDowell (Dublin South East, Progressive Democrats)

That is correct.

I will deal now with the main provisions of the Bill in more detail. Section 1 deals with definitions, and two matters in particular are worthy of special mention. The first concerns the definition of designated centre, which is further explained in section 2. This section follows section 5 in the draft Bill proposed by the Henchy committee in 1978 and it provides that it is a matter for the Minister for Health and Children – in consultation with the Minister for Justice, Equality and Law Reform in the case of the designation of a prison as such a centre – to decide where is the most appropriate place for the treatment of persons committed to detention under the Bill. The designation of a prison as a designated centre, which was not recommended by the Henchy committee, is included to cater for situations where it might be appropriate to detain a person in a prison rather than in a psychiatric hospital.

The second issue arising from section 1 concerns the definition of the term "mental disorder" which is defined for the purpose of findings of "unfitness to be tried" in section 3, for the purpose of a verdict of "not guilty by reason of insanity" in section 4, and for the purpose of "diminished responsibility" in section 5. It is a definition for purposes of establishing criminal liability and includes a person suffering from a mental illness or handicap, dementia or any disease of the mind, but excludes intoxication by alcohol or other substances.

While the definition is not fully inclusive, the essential element for the court, for example where criminal insanity is pleaded, is whether the accused had the mens rea, or guilty mind, to commit the offence for which he or she is charged. The definition of mental disorder plus the criteria in section 4 are intended as the test for the court in coming to a decision on that issue.