Seanad debates

Thursday, 6 April 2006

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

 

12:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

Amendment No. 7 is similar to an amendment originally proposed by Labour Senators. Senators might recall that the issue of orders capable of being made by the Minister for Justice, Equality and Law Reform or the Minister for Health and Children under the Bill was raised in the Seanad and also in the Dáil by Deputy Costello. After much debate on the matter, the Minister agreed to include a relevant provision in the Bill. This shows how amenable to persuasion the Minister can be on occasion.

The relevant provisions in the Bill are sections 2, 9 and 23, which refer to designated centres, the establishment day for the new mental health (criminal law) review board and the making of commencement orders. This amendment requires that every order made under the Act must be laid before both Houses of the Oireachtas. The argument presented in the Seanad and Dáil in support of these proposals centred on Ministers being held accountable to the Oireachtas as regards the making of such orders. I understand the Minister commented previously on the other avenues available to Deputies for ensuring that Ministers are held accountable. However, as Deputy Costello put it in the Dáil, it is a caveat to ensure that we see what is happening. The Minister would support that principle.

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