Brian Lenihan Jnr (Dublin West, Fianna Fail)

On amendment No. 10, the issue of prisons, or parts thereof, being designated as centres was the subject of much debate in this House and it featured strongly in the debates at all Stages in the Dail. Senators might recall that the Minister decided to provide for the designation of a prison or part thereof in response to the Henchy committee recommendation for the establishment of special units for persons described as coming within a class sometimes referred to as psychopaths or sociopaths, but whom the committee considered more proper to identify as persons suffering from a persistent disorder, disability or personality, which manifests itself in abnormally violent or aggressive conduct. That such persons in these categories may not be amenable to treatment was also a factor.

Having listened to the points made on Committee Stage in the Dáil, the Minister tabled an amendment to provide for the designation of part of a prison only, rather than designating a whole prison, as a secure place of detention, in exceptional circumstances, for what would be a very violent person where no other place is suitable. However, the Minister decided to withdraw his amendment in light of further argumentation presented by Opposition Deputies in support of Deputy Ó Snodaigh's amendment and he agreed to accept the Deputy's amendment. Therefore, the provision allowing for the designation of prisons as centres no longer features in the Bill. Again, this shows how open-minded and reasonable the Minister can be.

In talking about amendments Nos. 10 and 44, I must emphasise that the Bill brings a new type of person within its scope. The fundamental difference is that these persons are in a different category from those who are unfit to be tried, or who have been found not guilty by reason of insanity, by virtue of the fact that they are innocent in the eyes of the law. These provisions, dealing primarily with the transfer of prisoners for the purpose of their care or treatment as between prisons and designated centres, are concerned with the onset of mental illness after conviction by a court for a criminal offence. Senators may recall they were included in the Bill by way of Report Stage amendments tabled in this House by the Minister. The intention was to place the existing outdated arrangements for the certification and decertification of prisoners arising from such transfers on a more modern statutory footing.

The need arose in the Dáil to include a further provision in the Bill to allow a clinical director of a designated centre to order the transfer of a prisoner, who is no longer in need of inpatient care or treatment at that centre, back to the prison from which he or she was originally referred. The matter was drawn to the Minister's attention by Dr. Harry Kennedy, clinical director of the Central Mental Hospital.

The lacuna in the Bill in this regard was at odds with the procedure currently in place, whereby two doctors at the Central Mental Hospital can decertify a ministerial order patient, which has the effect of returning the prisoner to the prison from which he was originally transferred. Clearly, it is important for the treating consultant psychiatrist to be able to discharge a patient when he or she no longer needs care or treatment.

In view of these factors, the Minister dealt with this matter by inserting a new section 17 into the Bill. Senators will note that consultation with the Minister for Justice, Equality and Law Reform is required before a transfer back can be effected. This is to ensure that the prison from which the prisoner was originally transferred is still the most suitable location for him or her.