Ivana Bacik (Independent)

I move amendment No. 2:

In page 5, between lines 27 and 28, to insert the following:

"(c) The references in this subsection to a court shall not include the District Court.".

This amendment would change the definition of "court" to exclude the District Court. This is not just a whimsical exclusion of the court as many professionals, especially psychiatrists, working in the system feel, from their difficult experience, that it is not the appropriate court for dealing with the fitness to stand trial procedure.

A more important point is that there is already in place a successful court diversion scheme run by the National Forensic Mental Health Service. Operating from Clover Hill Prison, it identifies those with major mental illnesses who have been charged with minor offences. The idea, a very progressive one, is that the court or prosecuting garda is asked to defer or drop the charges so that the defendant can be admitted to his or her locally approved centre under the Mental Health Act, the non-criminal legislation.

By contrast, however, if a fitness to stand trial mechanism kicks in, the process of diversion is prevented and the defendant is detained in a high security hospital. Using criminal procedures for what are minor charges is inappropriate and is contrary to the Minister of State's principles contained in A Vision for Change. All Members will agree people with mental illnesses must be treated in the least restrictive way necessary for their and other people's safety in the civil system where possible.

I have been informed by legal and psychiatric colleagues that the Circuit Court deals with this issue better and in a more reliable and responsible way, partly because it has more time for individual cases. This Bill should have given some statutory framework to the continuation of the Clover Hill diversion scheme keeping defendants out of the criminal justice system. Including the District Court in the legislation's provisions undermines the court diversion scheme because it allows for the court to deal with mentally disordered individuals under the fitness to stand trial procedure.

I anticipate the Minister of State will inform me this is a temporary measure and that once the wider review of the legislation has been undertaken, the court diversion programme will be given more recognition. Could it be done, however, at this point?