Michael McDowell (Dublin South East, Progressive Democrats)

A decision to admit to Ireland a person who is mentally ill is not the same as a decision to acquit a person of a crime on the basis that he or she is mentally ill. The approach that was taken in the Immigration Act was adopted to guide immigration officers and to suggest to them what they should do or what they should be concerned with. The acceptance of amendment No. 6 would tie down the criminal courts and the Judiciary, in respect of what is mental illness by setting down an exhaustive list of conditions.

I do not agree with Senator Henry's suggestion that I should adopt the same attitude in every Bill that comes before the House. I will not repeat the reasons why I do not have to adopt the same definition of "mental disorder" for civil mental health law and for criminal mental health law. I do not see why the same definitions should be adopted for people who are being refused admission to Ireland and for people who will be acquitted of very serious offences.

I do not see any necessary connection. I draw the Senator's attention to the tyranny of consistency.