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 the Senators and I will respond to some of the points made. I accept completely that in 2010, using the word, "insanity" gives the wrong impression. I also acknowledge the point made by Deputy Shatter on Committee Stage when he reminded us that it has taken us 15 years to get to this point and I accept we could have done more.

However, on a positive note, the major review of the Act begins now so whoever is in Government will have that facility open to them to make all these necessary changes which I acknowledge should have been implemented sooner. The legal advice we received warned of legal implications which could not be dealt with at this time. I do not use this as an excuse because it contradicts all we are doing in an effort to effect a sea-change and in the national campaign to eliminate the stigma associated with mental health. The nationwide campaign aims to remove the stigma and the connotations associated with the word "insanity". This issue will be dealt with in detail in the review.

It was very clear to me that all sides of the House and all those who participated in the debate in both Houses wanted this legislation put through as quickly as possible for all the obvious good reasons, such as to give people conditional discharges which is one of the most important aspects of the Bill. It became very clear to us the genuine commitment of people to ensure that centres other than the Central Mental Hospital should be designated and I accept the amendments in that regard. This will all help to reduce the stigma as individuals were referred to the Central Mental Hospital when they could have been referred to other areas if this legislation had been brought forward some years ago. There may have been better outcomes for individual lives if they were not required to attend the Central Mental Hospital in the first instance.

I appreciate the points made by Senator Bacik with regard to the District Court and that the higher courts could have allowed for referrals to different centres. With regard to the need for extra security I was not prepared to take that proposal for fear it might be the wrong direction to take. The major review begins immediately.

I thank Members and I thank in particular two officials from my Department, Ms Valerie Fallon and Ms Tracy O'Keeffe, who regularly explained the most intricate details to me in very ordinary language which is much appreciated.

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