Seanad debates

Wednesday, 7 April 2004

Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed).

 

12:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

It does not exclude it. What is meant by personality disorders? If the term personality disorder is put in the legislation, a definition must be included. We would be here until the crack of doom working out what constitutes a personality disorder. The Mental Health Act raises an issue as to whether mental disorder by definition encompasses personality disorder or not; it can be argued both ways. I do not want to close the door on an individual being able to establish that he suffered from a personality disorder which went over the threshold in section 4. Going back to the earlier debate with Senator Terry on intoxication, if an express reference is included, some guidance would then have to be given to the courts. I do not feel either inspired or competent to do so.

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