Seanad debates

Wednesday, 19 February 2003

Criminal Law (Insanity) Bill 2002: Second Stage.

 

I agree with the closing remarks of the Minister in that in all things legal and judicial, it is a matter of balance. This Bill is an important step in the development of statutory rules and guidelines in a difficult and complex area. As does most criminal legislation, it strives to achieve a balance between two opposing objectives. On the one hand, in common with all criminal law, it seeks to protect society at large. We are all prey to whatever criminal activity is taking place around us. There is much worry and concern about the random nature of criminal activity in terms of where it can strike, what it can do, the fear it can induce and the acts which can follow from it. On the other hand, the Bill seeks to protect members of our society who suffer from mental disorder so that they will not be answerable for crimes where they have not got the mental capacity to commit those crimes.

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