Maurice Cummins (Fine Gael)

The Bill as drafted allows the question of sanity to be raised at any time, even after a trial has commenced. The plea of insanity has been open to abuse in the past. It is often raised at such a late stage as to call into question the reliability and the truth of the plea. Pleas of this nature often only arise when the legal team arrives on the scene.

If the mental condition of an accused person is an issue, it should be raised at the earliest possible moment and amendment No. 148 provides for this. However, it also provides for the introduction of evidence of mental condition at a later stage, if desired, with the permission of the court. In considering whether to admit such evidence, the court may draw inference from the lateness of such notification.

Section 14 contains an important provision. It effectively affords protection to those of unsound mind. This amendment is intended to provide further safeguards and to strengthen section 14, not to weaken it. I appreciate that the Minister has accepted part of the suggestions contained in the amendment.