Seanad debates

Thursday, 16 December 2010

Criminal Law (Insanity) Bill 2010 [Seanad Bill amended by the Dáil] - Report and Final Stages

 

11:00 am

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

I thank Senators and Members of the Lower House for ensuring the Bill's passage will be quick. Some issues needed clarification to ensure the Bill would have the best outcome. I welcome the advice given to me on the various Stages.

The purpose of these amendments to section 8 is to clarify that the safeguards provided under the new section 13B will apply to a person in material breach of a conditional discharge order who voluntarily returns to the designated centre just as much as they are to apply to a person who is returned involuntarily. The safeguards ensure a person who returns or is returned will be brought before the Mental Health (Criminal Law) Review Board as soon as possible after his or her return to have his or her detention reviewed. They also ensure the person will be subject to all of the provisions of the 2006 Act just as if he or she was being detained under the Act for the first time.

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