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)

While it would not result in a material change, unfortunately, it would unravel the entire structure of the section. Section 13B(1) specifically uses the deeming approach to the revocation of a conditional discharge order where there is a material breach of the order. I note that section 13B(2) provides that a person is in material breach of an order where the clinical director on reasonable grounds believes the person has breached one or more conditions and is either a danger to himself or herself or others or is in need of inpatient care treatment. I suggest there is no need for the change proposed in the amendment. More worryingly, it would remove the definition of the term "material breach" which is used throughout the section. Removing it would unravel the structure of the section as a whole. For that reason I do not propose to accept the amendment.

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