David Norris (Independent)

On 19 February 2003, the then Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, introduced the Criminal Law (Insanity) Bill 2002 to the House. It took more than a year for it to reach Committee Stage, which it did on 7 April 2004, by which time 150 amendments had been tabled, more than 90 of which were placed on the Order Paper by our former colleague Dr. Mary Henry. Not a single amendment was accepted.

This chimes in with what the leader of Fine Gael in the Seanad, Senator Fitzgerald, stated on mental health issues. Recently, substantial professional interest in this area indicated frustration, particularly with regard to the Central Mental Hospital, where persons who have recovered or who have reached advanced age are appropriate to be released back into the community but cannot be released because of the failure to accept legislative amendments with regard to simple legal machinery permitting the release of these people. In light of this failure on the part of legislation to address the real issues confronting certain people and the management of these hospitals, will the Leader establish whether the Government proposes to introduce amendments of this type into legislation dealing with insanity in the criminal law?

We have increasingly draconian legislation aimed at deporting people with the minimum of legal fuss or capacity for appeal. A number of issues have been raised, including the case of Great Agbonlahor, an autistic child returned to Nigeria, and a young woman with no visible means of support or surviving family members who was returned to the streets of Lagos.

We are blandly assured these people will be all right and that conditions are fine. However, it is never followed up. Previously, I asked for information with which the Leader stated he would come back to me but so far he has not been able to do so. I again ask the Leader to inquire whether any follow up takes place through our embassy in Nigeria and if not why not. We should demand it. If we are fobbed off with stories that when these people are returned to their country of origin nothing will happen to them, they will be able to survive and they are perfectly well, let us know that this is in fact the case. I do not believe for a minute that it is.

I support Senator Daly. I understood the dispute between the pharmacists and the HSE was ventilated at considerable length in this House during the previous session. I also understood a measure of agreement had been reached and that both sides agreed the way forward was independent arbitration. It seems the HSE has made an attempt to create facts on the ground in advance of independent arbitration. It is not appropriate that prior to independent arbitration getting underway the HSE should pre-empt it by coercing pharmacists into an advance agreement.