Michael McDowell (Dublin South East, Progressive Democrats)

In regard to the section generally, under the provisions of section 3(6) the approved medical officer is the consultant psychiatrist who will be treating the person concerning the designated centre. He or she would be the most appropriate person to provide the court with an opinion as to whether the person has a mental disorder. In any event, most consultant psychiatrists would consult with the clinical director of their centre in such circumstances.

I understand the Department of Health and Children agrees with the principle that the treating psychiatrist should be consulted before the court commits or, perhaps more appropriately, refers a person to the psychiatric centre for an assessment. I also understand that Department considers that the period might be reduced from 28 to 14 or even fewer days. In those circumstances, I am prepared to examine the provision, consult further with the Department on those issues and come back on Report Stage with appropriate amendments.

Before we end the debate on section 3, I would prefer to give the House some indication that I am thinking of including a further ground for unfitness in regard to a person's inability to elect for trial by jury in the case of an indictable offence. Sometimes one has to make an election as to whether one wants to be tried in the District Court or the Circuit Court. That right of election is just as important as, say, the right to challenge a juror at a later stage when we get to jury trial. I may bring forward a Report Stage amendment to that effect.