Ivana Bacik (Independent)

I move amendment No. 6:

In page 11, subsection (1), line 8, to delete "(Insanity)" and substitute "(Mental Disorder)".

I raised this issue on Second Stage when I discussed the way in which the philosophy of the law on the treatment of persons with mental disorders in the criminal system has evolved. Generally speaking, the treatment of persons with mental illness has moved from an incarceration model to a welfare model and then to a rights model. A great deal of civil legislation has reflected this change in thinking and the language contained in mental health legislation has been carefully crafted. It is unfortunate that in terms of the treatment of persons with mental disorders in criminal law, we are still using the highly outdated word "insanity". I hope the Minister of State will be sympathetic to my point. It was unfortunate that the Criminal Law (Insanity) Act 2006 used that word, but it is even more unfortunate that we are continuing to use the word in a 2010 Bill amending the Act.

The Minister of State may claim this is a matter for a broader review, but we could have changed the terminology in this Bill. For that reason, I have tabled these amendments. "Insanity" is not a word that would ever be used nowadays in psychiatric services. It is not a word that we in the criminal courts would use except for the fact that we must use it when speaking to clients or among ourselves about the particular defence that is still known as insanity. It is unfortunate.

Other language is clearly available. I have suggested the term "mental disorder", which is used in our mental health legislation. Section 4 of the 2006 Act on the fitness to be tried proceeding refers to mental disorders rather than insanity. Section 5 uses the not guilty by reason of insanity terminology, albeit with a definition of insanity that uses more modern language.

I do not know why we are still using this language in up-to-date legislation. This amending Bill would have been an ideal opportunity to try to change the language and make it more reflective of current practices when dealing with people with mental disorders. The Minister of State referred to the need to reduce stigma, a statement with which I fully agree. Unfortunately, the continued use of the word "insanity" heightens the stigma with which people are treated. Neither does it do anything for the victims or for broader society. We must be mindful when discussing criminal law matters that we are also discussing victims and society. The wider public recognises the word "insanity" as outdated when dealing with people with mental disorders in any context.