Seanad debates

Wednesday, 5 May 2010

Criminal Law (Insanity) Bill 2010: Report and Final Stages

 

2:30 pm

Photo of John MoloneyJohn Moloney (Laois-Offaly, Fianna Fail)

Senator Quinn should note that I am not reluctant to make such changes, but at this point I cannot do so. I have also had the benefit of visiting Stewarts Hospital. Yesterday I heard at first hand of the tremendous service it had given for many years. At the launch of See Change last Thursday fortnight, I pointed out that, even if we had all of the capital required to modernise the mental health service, including for the provision of new acute psychiatric units, a new central mental hospital and new nursing units, it would count for little unless we changed the attitude towards mental health. That is a given. I thank Senators Bacik, Regan and Quinn for their interest in the issue.

See Change is a two year programme, concerned with changing attitudes towards the use of such words as "lunatic" and "insanity". I refer to the way in which the Local Government Act applies to this House also. I have written to the Minister for the Environment, Heritage and Local Government, Deputy Gormley, to bring about change in this regard. Regardless of the outcome of reviews or whatever else is coming down the line, even if there were no reviews or no new mental health Act, it is vital and essential that all of the old stigma tags are removed as quickly as possible.

The Minister for Justice, Equality and Law Reform understands the concerns raised regarding the use of the term "insanity" in the 2006 Act. Complex issues are associated with replacing that term, which I explained on Committee Stage. I am not seeking an excuse or a cop-out. There would be little point in having a Department with responsibility for mental health if we were still attached to the old norms of the last century or the previous one. I assure the House that when I use the phrase "in due course", it means this year. The Minister for Justice, Equality and Law Reform has agreed that the issue should be examined in the course of a review that will take place this year.

Senator Bacik has remarked that "mental disorder" may not be an appropriate term owing to the considerations I described on Committee Stage. It may have the effect of lowering the threshold of a defence. I have no wish to nit-pick or be at cross purposes because I take on board all of the suggestions and recommendations made by Senators. However, replacing references to "insanity" in the Bill with another term would require corresponding changes to the terminology used throughout the Act. It is our determination in the Department to deal this year with the issues involved to remove all of the stigmatising attachments.

Comments

No comments

Log in or join to post a public comment.