Michael McDowell (Dublin South East, Progressive Democrats)

It would not be in compliance with the provisions of the Constitution or the European Convention on Human Rights to provide that matters relating to persons with a mental illness should be reviewed by a judge who had previously exercised criminal jurisdiction in the case. The body, therefore, that it is being established under statute in this case, is intended to make a decision independent of the Minister for Justice, Equality and Law Reform and the trial judge.

There are merits to preventing the possible confusion between the mental health tribunals, on the one hand, and the Mental Health Commission, on the other. I am receptive to the proposition that a more distinctive title, such as the criminal insanity review board, be given to this body. It is important that people distinguish between the bodies which perform such useful functions under the existing mental health legislation and the body that will be the deciding authority in respect of people who have been judged not guilty by reason of insanity.