Ivana Bacik (Independent)

I thank the Minister of State for his response. I know the 2006 Act had a long gestation period. It is a shame that, during that period, a better term was not found to replace the term "insanity". I accept what the Minister of State says about mental disorder. That may not be the appropriate term because it may lower the threshold of guilt. I am well aware of the genesis of the defence of insanity in the 18th century Foster-Hatfield case and the 19th century M'Naghten rules.

We have changed some of the language of this area. We no longer talk about the trial of lunatics, which term was routinely used in the 18th and 19th centuries when this law was being evolved. We could move on from the use of the term "insanity". A better term might be one specific to this area, unlike the term "mental disorder" which, as the Minister of State said, is used elsewhere and has other meanings. We might speak of the mental incapacity special verdict. The question is one of capacity. The definition in section 5, which is taken from the M'Naghten rules and from our own case law, such as the Doyle case, is about lack of capacity. A term which encompasses that would be more appropriate than "insanity".

I accept that it is not a simple matter of changing the name of this Bill. A more comprehensive change throughout legislation is required. I am delighted this is to be considered in the review.

We introduced a fundamental change in section 6 of the 2006 Act, which includes the diminished responsibility provision. This allows someone charged with murder to be convicted of manslaughter instead, on the basis of diminished responsibility. We have already made some fundamental reform to the law. Other fundamental reform could be carried out and it would be of great benefit in lowering stigma.

I would be grateful for any further views the Minister of State might have on Report Stage. I accept that this is a more complex matter than can be done in this one Bill. However, I will press the matter on Report Stage because it is an important point.