Michael McDowell (Dublin South East, Progressive Democrats)

Section 4(4) states:

Where on a trial for murder the accused contends—

(a) that at the time of the alleged offence he or she was suffering from a mental disorder such that he or she ought to be found not guilty by reason of insanity, or

(b) that at that time he or she was suffering from a mental disorder specified in section 5,

the court shall allow the prosecution to adduce evidence tending to prove the other of those contentions, and may give directions as to the stage of the proceedings at which the prosecution may adduce such evidence.

Provision is made for a lesser offence, based on the absence of mens rea in that context. However, it is related to murder. The Senator's point is not confined to murder and there are many other cases where the mens rea is important, such as knowingly, deliberately or dishonestly doing things. The law uses various different degrees of mental intent to distinguish offences. I will consider this matter between now and Report Stage. I am not clear in my own mind whether the issue should be addressed generally and, if so, how this should be done. I am grateful to the Senator for raising the issue.