Seanad debates
Wednesday, 19 February 2003
Criminal Law (Insanity) Bill 2002: Second Stage.
Section 9 provides for the establishment day provision in so far as it relates to the setting up of an independent mental health review board provided for in section 10 and the First Schedule to the Bill. The mental health review board will replace the existing ad hoc advisory committee and, in order to comply with our obligations under the European Convention on Human Rights, will act independently of the Executive, in this case, the Minister for Justice, Equality and Law Reform or the Government. Its main function will be the regular review of the detention of persons found not guilty by reason of insanity or unfit to be tried, who have been detained in a designated centre by order of a court. The board will be made up of a chairperson who must have not less than ten years' experience as a practising barrister or solicitor or be a judge or former judge of the Circuit or Superior Courts and such other number of persons as the Minister in consultation with the Minister for Health and Children shall appoint, at least one of whom must be a consultant psychiatrist. The term of office of members is five years and provision is made for reappointment. It is provided that the Minister may appoint the staff of the board under the usual conditions, and that such staff shall be civil servants.
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