Seanad debates

Wednesday, 23 May 2012

10:30 am

Photo of Caít KeaneCaít Keane (Fine Gael)

Like Senator Darragh O'Brien I raised my hand to speak about the Gallagher affair. I will not speak on the Gallagher case per se because that will be an issue for a review of the prison authorities and I would not presume to infringe on any issue it will decide. I ask the Minister to make a statement on the actual procedures of the Act. When the Act was adopted, the verdict was guilty but insane. In 1963 it was changed to, "not guilty by reasons of insanity". If a person escapes from prison, it is an offence and time is added or a penalty is imposed. If a person escapes from a mental institution a different law applies and I ask the Minister to review it. If a person escapes from a mental institution and returns, presuming and claiming to be sane, that person cannot be prosecuted for leaving because of insanity. One cannot have it both ways. I ask the Minister to come here to the House because we, as legislators, are being asked questions but we need answers. I need answers to my questions and an explanation of the difference between escaping by means of insanity and no penalty or vice versa from jail. Anne Gillespie, her mother, Annie, and the extended Gallagher family need answers too. I ask the Minister to make a statement on the matter.

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