John Moloney (Laois-Offaly, Fianna Fail)

As Senator Bacik pointed out, this is a technical amendment. Subsection (8) of the new section 13B deals with the review by the Mental Heath (Criminal Law) Review Board of the detention of persons returned to designated centres following material breach of a conditional discharge order.

The Office of the Parliamentary Counsel has advised that it is not necessary to make an amendment to section 8 to include a reference in subsection (8)(c) to section 13A. Section 13, as amended by this Bill, will provide that the review board shall make such order as it thinks proper in regard to the patient, whether for further detention, care or treatment in a designated centre, for his or her conditional discharge under section 13A or for his or her unconditional discharge.

I am advised there is no need to include a reference to section 13B, as proposed in the amendment, as the only place where the review board is mentioned in section 13B is in subsection (8) itself.

As the new section 13C has nothing to do with the powers of the review board, it would not be appropriate to include a reference to it here.