Sheila Terry (Fine Gael)

I wish to speak to my amendment No. 4. I support Senator Henry's amendments which seek that the Bill use the modern term "mental disorder" rather than "insanity". The Bill should be updated in every possible given that many years have passed since it was first drafted. It needs to be modernised.

The definition of mental disorder is central to the legislation. I am concerned that the definition as provided for in the Bill is a little ambiguous. Perhaps that is deliberate but I fear the definition in its current form will inevitably lead to judges determining their own meaning of the words "mental disorder". We are the people who make the legislation and we must ensure, when drafting, amending and enacting it, that our intentions are clear. In defining something we should be clear about what we want. While the definition of "mental disorder" refers to intoxication, it does not deal with a state of mind induced by intoxication. I would like the Minister to consider my amendment with a view to accepting it.