Seanad debates

Tuesday, 19 April 2005

Criminal Law (Insanity) Bill 2002: Report and Final Stages.

 

4:00 pm

Mary Henry (Independent)

Naturally, I will have some crib about this provision which astonishes me. The Minister of State is attached to the Departments of Health and Children and Justice, Equality and Law Reform. I keep trying to point out that the same psychiatrists will have to try to make both Bills workable. Section 18 of the Mental Health Act deals with a review by a tribunal of admission and renewal orders. I am delighted the Minister has reduced the number of days from 28 to 14 days, which is good. However, section 18(2) states that people should be reviewed not later than 21 days. Why is there no consistency? Why is it 14 days? One must remember it will need to be stuck in a psychiatric registrar's head that within 21 days, he or she will have to get going and do something, no matter what type of person is involved. We must try to make the Bill as good as possible.

I am delighted the length of time has been reduced but I would not have been unhappy if there had been some consistency. A psychiatric registrar, working in St. Patrick's Hospital up to the end of June, will be transferred to the Central Mental Hospital and he or she will be in the habit of saying, "These people have been in for 21 days, I must do something". He or she will be wrong because the length of time will have been reduced to 14 days. There is a need for some consistency.

We get into this mess again further on in the Bill where there are consultant psychiatrists and approved medical officers. Approved medical officers are described in the interpretation section as consultant psychiatrists. Why not use the same terminology in the Bill?

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