Brian Lenihan Jnr (Dublin West, Fianna Fail)

This amendment was originally proposed by Senator Terry on Committee Stage. The Minister indicated he would table an amendment on Report Stage to incorporate its proposals. The substance of the amendment is similar to amendment No. 148. However, it should be noted that amendment No. 147 does not contain any reference to the provision in subsection (3) of amendment No. 148, which deals with evidence of certain facts and the consequences for the accused person of not mentioning those facts when questioned, charged or informed and the consequent drawing of inference as a result.

The Minister does not believe that a provision of this character is appropriate in the context of this Bill. Such a provision has been found to be relevant in other branches of the criminal law. What is proposed by this amendment is that an inference on the issue of insanity can be drawn by the court regarding the conduct or demeanour of a person at an earlier stage. While that is a useful provision to have in respect of, for example, the silence of a person or the presence on the person of certain marks or forensic signs, in an area as difficult as this, I am not sure it is appropriate to mandate the courts to draw inferences. Therefore, the Minister does not agree with that part of the proposal. However, he is well disposed towards and is supporting the general principle proposed by the Senators, which is that there should be notice of evidence given when it is proposed to adduce evidence as to mental condition.