Brian Lenihan Jnr (Dublin West, Fianna Fail)

This amendment adds the appropriate references in the definition section of the Bill. The definition of a prison is included in a definition section within section 2, which deals with the definition of designated centres. However, section 2 is being replaced with a new section in light of commitments made by the Minister during the course of debate on Committee Stage. The definition of a prison is being moved to section 1 for drafting purposes.

The need to define the term "prisoner" arises because of the new provisions inserted into the Bill by Government amendments Nos. 144, 145 and 146. These relate to the complicated question of the transfer of prisoners to the Central Mental Hospital who, for example, become mentally ill during the period of their imprisonment. This currently involves an arcane and outmoded administrative process.

I am not referring to the transfer of persons detained on the basis that they are unfit to plead or have been found not guilty by reason of insanity. Such persons cannot be detained in a prison because they have not committed a crime and have been excused by virtue of their condition from the commission of an offence.