Joanna Tuffy (Labour)

I move amendment No. 40:

In page 7, between lines 37 and 38, to insert the following:

"(3) Where a person has been found guilty of an offence, but prior to passing sentence the court becomes of opinion that the person is suffering from a mental disorder, the court having imposed a sentence may recommend that the sentence shall be served in a specified designated centre until such time as the person is no longer in need of in-patient care and treatment and shall thereafter be served in a prison or place of detention, and the Minister shall have regard to such a recommendation."

The reason for tabling this amendment is that one of the weaknesses of the Bill is that it does not give options at sentencing stage to deal with those whose mental problems become apparent at that time. On Committee Stage the Minister indicated he might accept a recommendation but not an order made in the course of sentencing. With that in mind we tabled the amendment.