Joanna Tuffy (Labour)

Amendment No. 3 seeks to delete the word "disease" and substitute it with the words "other disease or medical condition". We tabled this amendment because we believe the wording in terms of "disease" is too limited. We are seeking to include other conditions such as personality disorders which are not diseases. I would like the Minister to clarify that point.

Much of the commentary on the Bill by experts in law and psychiatry state that it is not clear whether personality disorders are covered by the current definition. This issue could come into play in terms of a court's adjudication on a matter. Senator Henry has suggested we amend the definition to correspond to the definition used in the Mental Health Act 2001. A commentator in The Irish Times, Dr. Darius Whelan, stated that the Bill is unclear in terms of whether it includes personality disorders. The Mental Health Act 2001 states that a person cannot be detained under that Act solely because of a personality disorder. The Bill specifically states that a person found not guilty by reason of insanity can only be detained if he or she has a mental disorder within the meaning of the 2001 Act. Dr. Whelan points out that it is unclear whether the section of the Mental Health Act 2001 prohibiting detention based on personality disorder alone impacts on a mental disorder within the meaning of the 2001 Act. This issue requires further consideration by the Minister. Perhaps he will comment on the proposed amendments in terms of how broad he feels the section is as currently worded and the effect of our amendments in that regard.

Dr. Whelan, in his article in The Irish Times, mentioned that in 1996 the current Minister for Arts, Sports and Tourism, Deputy O'Donoghue, included personality disorders in his definition in a Fianna Fáil Private Members' Bill. As regards Senator Henry's proposal, many people have commented that the Mental Health Act 2001 is progressive legislation, some of the features of which are imported into this Bill. However, many others are not. There is concern about how one treats the people concerned in that while they have rights under the Mental Health Act in terms of, for example, the reasons they are being detained and so on, they do not have the same rights under this legislation.

Amendments Nos. 137 and 138 deal with the substitution of the word "insanity" with the words "mental disorder". I agree with those who say we should reconsider the use of the word "insanity" and should instead use the term "mental disorder". Many people have commented on the use of that old fashioned term which conjures up certain pictures in people's minds, in particular that such a reference could impact on a jury's decision in a trial. The use of the term "mental disorder" is modern. Other jurisdictions, such as Canada, use the term "mental impairment". I ask the Minister to comment on the issues I have raised.

There has been much commentary on the Bill by people with a great deal of expertise in this area, including Senator Henry. An article in The Irish Times by Dr. Justin Brophy, chairman of the Irish Psychiatric Association, raised concerns about the lack of proper consultation on the Bill by the Minister and Government. Perhaps the Minister will inform the House if there has been further consultation on the Bill with interested bodies since the publication of that article, which was written around the time of the Second Stage debate. If so, has he taken on board any of their suggestions?