Seanad debates

Thursday, 6 April 2006

Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages.

 

12:00 pm

Mary Henry (Independent)

These amendments are mainly technical. I would have thought it would be wiser to have the same definition of "patient" in this Bill and the Mental Health Act. Given that this is the only opportunity I have to comment on the review boards, I must say they are totally different to those included in the Mental Health Act, not just in terms of their function but also in terms of how their members are appointed. People must apply to become members of the Mental Health Commission and are vetted to determine whether they are suitable to serve on the boards. However, the Minster has the power to choose the members of the review boards envisaged in this legislation. Worse still, he has the power to remove them. As we always say, we are not worried about the present Minister but that we may not always have as reasonable and rational a Minister in the future. Such a Minister might not be so careful and cautious in appointing individuals to the review boards and in removing them if they act in a way he does not consider desirable. I am therefore sorry the review boards are not more like those envisaged in the mental health legislation. Otherwise, I understand the minor amendments being made.

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