Mary Henry (Independent)

I thank the Minister and his officials for the way in which they have dealt with the Bill. I cannot say that I am happy with it. We had an opportunity to take a step forward in criminal law legislation but, in fact, this legislation could be 50 years old or more. The situation outlined in the Henchy report is much more forward-looking than anything in this Bill.

However, I am glad that Bill attempts to remedy the situation regarding the transfer of prisoners, because it has become a national disgrace and is ridiculous. I hope what has been inserted into the Bill will be effective.

The Bill outlines the law, but lawyers cannot stand alone. They need to have the assistance of other people to operate the law. My deep concern about the Bill is that it is going to be very difficult in some areas for those who want to operate the law properly for our patients. There is the possibility of hired guns emerging, people who would be delighted to give the courts the run around, which will be very disappointing if it does happen. The Minister, as a barrister, is aware that the desire to have long court cases is growing and I envisage some parts of this legislation adding to that.

I am very disappointed about care and treatment. They should not be separated and the Minister's arguments on this are weak. I had hoped that my practical suggestion of the mental health tribunals being upgraded with more lawyers might be accepted. The review boards are a good suggestion, but it would be better to have people who are working in practice, even if only with patients who have no criminal convictions and who are not dangerous. It takes some time to set up review boards and it is preferable to have an experienced group of people to call from, rather than to set up these de novo groups from time to time. However, I thank the Minister of State and his officials for their courtesy.