Rónán Mullen (Independent) | Oireachtas source

Senator McDowell has raised a very important point and I commend him on his tenacity in insisting on raising these issues. I would appreciate further clarification. What Senators McDowell and Bacik have had to say is very interesting. Am I right in thinking that the questions of the standard the defendant must reach to access his or her defence and the different definitions of persons with mental disability are discrete issues? I would be interested in hearing from both my colleagues and the Minister of State. Could a person in authority who might escape culpability under the definition provided under section 22 still be liable to prosecution under section 21 if the victim met the definition under that section? Does section 21 also apply to persons in authority? I presume that it does. Perhaps the difference in definitions therefore is not crucial.

It is clear that the standard here is the same as that applicable to civil proceedings. The person in authority has to show on the balance of probabilities that they are entitled to the defence. Where precisely in section 21 does it treat of the level of proof the defendant must reach? I would appreciate some assistance on that question.