Seanad debates

Thursday, 1 April 2010

Criminal Law (Insanity) Bill 2010: Committee Stage.

 

11:00 am

Photo of Ivana BacikIvana Bacik (Independent)

Before we move away from section 7, I have something general to say regarding section 13B. On Second Stage, I stated my full support for that section. It is also supported by everyone working in the field. The idea of a conditional discharge has often been suggested since the passing of the 2006 Act, so this is an important and welcome change.

I wish to put down a marker for Report Stage. I have not teased out how I would amend the section, but I may table an amendment. Regarding section 13B, is there any way to address the problem of conditionally discharged persons who leave the jurisdiction? The Minister of State will be aware of the well known case of John Gallagher. Previously, there have been difficulties in that people who were found not guilty by reason of insanity or guilty but insane under the old law left the jurisdiction. Do they fall under the remit of extradition treaties or the European arrest warrant? Should or could there be a specific provision in section 13B? Perhaps it is beyond the scope of this legislation and would be more appropriate for the fuller review mentioned by the Minister of State. I just wanted to flag this point during our debate on section 7.

Comments

No comments

Log in or join to post a public comment.