Sheila Terry (Fine Gael)

I welcome the Minister who is spending a lot of time here. I welcome the Bill which is long overdue. I enjoyed the history lesson given by the Minister. The Bill sets out to bring our outmoded laws on insanity into the modern era and to affirm and codify Irish common law decisions on criminal insanity. It provides for comprehensive treatment, both legally and medically, for those whose mental state may make it impossible to participate in the trial process by providing a framework for determining fitness to be tried. It introduces the long overdue notion of diminished responsibility and sets up a system for the ongoing review of the need to detain those who have offended while suffering from mental disorder.

"Mental disorder" is defined in section 1 as including mental illness, mental handicap, dementia or any disease of the mind. Intoxication is specifically excluded. The Minister mentioned other substances as well as intoxication with which I agree but they are not included in the Bill. I suggest that other substances should also be included. Whether a given individual comes within this widened definition will continue to be a matter for expert evidence and there will always be controversial cases. No doubt, many psychiatrists will continue to assert that individuals suffering from a personality disorder, even a severe disorder, fall outside the defence. This continues to be an area of medico-legal controversy, both in Ireland and other jurisdictions. Not specifically providing for such persons in the Bill will leave open the question of whether such individuals can avail of the defence.