Seanad debates

Wednesday, 19 February 2003

Criminal Law (Insanity) Bill 2002: Second Stage.

 

The Bill does not encompass the issue of diminished responsibility for homicide dealt with in the legislation on infanticide. If they consult that legislation, the women Members of the House will be surprised to find that it effectively provides for a manslaughter rather than a murder conviction for a mother who kills her child. The excusing circumstance provided for is that the balance of the woman's mind was affected by the process of lactation. I understand the legislation was enacted in 1949. Even so, it is surprising that this was accepted as the psychiatric orthodoxy of the time. It may need to be looked at because there could be situations involving older children who would not come within the remit of the legislation. In such circumstances mothers suffering from aggravated depression might seek to avail of the relevant provisions of this Bill.

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