Brian Lenihan Jnr (Dublin West, Fianna Fail)

The present position under the 1946 order, as consolidated — the particular definition was inserted in 1975 — would be much more extensive than as envisaged under this proposal. The immigration officer would have had wider powers under the orders than will be conferred by this legislation, or a wider measure of discretion because of a much more extensive definition.

The second issue raised by the Senator relates to section 3 of the 2001 Act, which is the legal concept that is being imported. The Senator is correct that the entirety of the section is not being imported. What is being imported is section 3(1)(a), as clarified by section 3(1)(ii). In effect, the significant element of the definition for the purpose of this legislation is that it is predicated in every case on the serious risk that the person will injure himself or herself or others.