Seanad debates

Thursday, 1 April 2010

Criminal Law (Insanity) Bill 2010: Committee Stage.

 

11:00 am

Photo of Ivana BacikIvana Bacik (Independent)

While I take the Minister of State's point that it might have an effect on some of the other provisions, it might be more accurate and honest for the clinical director to be obliged to take responsibility for revoking the conditional discharge order. Under the wording I have tabled, the position would be more honestly stated.

On the section as drafted, it appears as though the private belief of the clinical director will be enough to have a person in breach; whether this would pass constitutional muster is open to question. This might be worth considering. While I will not press the amendment at this stage, I would like to hear a little more on the issue on Report Stage. I am somewhat concerned about the wording, whereby a person is in breach when the clinical director believes so, whereas what the Bill really is trying to do is to give the clinical director the power to revoke a conditional discharge order. Consequently, it would be more honest to say this.

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