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 Ivana BacikIvana Bacik (Independent)

We welcome the passage of the Bill, in particular the provision that conditional discharge orders may be made. We thank the Minister of State for taking the time to deal with the issues raised. I am glad that section 3 was amended on Committee Stage in the Seanad in recognition of the point made that people should be capable of being detained in places other than the Central Mental Hospital. This was an important Government amendment on foot of amendments tabled by the Labour Party. I am sorry, however, that the District Court retains the power to detain. We had a full debate on the matter and the expert advice received by the Labour Party was that the District Court should not retain this power.

The Minister of State is sympathetic on the most significant issue, namely, that we should not use the outdated word "insanity" in any 2010 or 2011 legislation dealing with persons with a psychiatric illness. Both he and the Minister for Justice and Law Reform stated they would keep the matter under review and that the word would be changed in a larger Bill. Given the short term the Government has left, it is disappointing that it has not been changed in this Bill. The Labour Party's amendment to substitute the term "mental disorder" for "insanity" might have helped. Having said this, I thank the Minister of State and his officials for their work. I welcome the Bill.

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