Seanad debates

Thursday, 1 April 2010

Criminal Law (Insanity) Bill 2010: Committee Stage.

 

11:00 am

Photo of John MoloneyJohn Moloney (Laois-Offaly, Fianna Fail)

On Second Stage I indicated I did not intend to be adversarial and that my intention was to ensure the highest standard of practice. I certainly take the point raised and I recognise Senator Bacik's professional involvement in this area and I will not spend time arguing as I can see the points raised. On Second Stage I made the point that it was a very sound and sensible proposal to designate centres rather than the Central Mental Hospital. I take the point that the last thing to do should be to use the Central Mental Hospital as a default committal centre. I recognise the work of Professor Kennedy in the court diversion system and that is the atmosphere we are trying to create. I will consider Deputy Bacik's suggestions prior to Report Stage and I and my officials have time to deal with the suggestions made. Everything we are trying to do in this area is for the benefit of the patient and to reduce the stigma attached by way of presenting to the Central Mental Hospital. Deputy Bacik can take it that we are at one with her on her suggestions and through A Vision for Change we fully support the court diversion scheme and reducing stigma. We also recognise the need to have designated centres, for all of the points outlined.

Abolishing the power of the District Court to determine fitness to be tried has been suggested and there is a view that this could facilitate court liaison diversion for those charged with minor offences. When a case comes before the District Court and an issue of fitness to be tried arises, the judge could adjourn the case and the person could then be referred to the local psychiatric services. I have taken notes on the points raised and I will have time to discuss and take advice from officials in the Department and respond accordingly in the proper sense on Report Stage.

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