19 March 2003

Mr M McDowell TD
Minister for Justice
Dept of Justice, Equality and Law Reform
72-76 St Stephen’s Green
Dublin 2

Re: Criminal Law (Insanity) Bill 2002

Dear Minister

I enclose a set of proposed amendments to the Criminal Law (Insanity) Bill 2002. As previously stated the Irish College of Psychiatrists welcomes this legislation and the new protection and rights it will afford mentally disordered offenders.

The amendments we propose encompass the following points which the College believe are crucial to ensure the equitable rights of mentally disordered offenders to appropriate care and treatment.

• The Criminal Law (Insanity) Bill 2002 should be fully compatible with the Mental Health Act 2001.
• The accepting Consultant in the treating centre should be pivotal in the decision making process in order to ensure the appropriate level of treatment and care is accessed.
• The Inspector of Mental Health Services should have responsibility for the designation of centres.
• There should be a process which allows for Community Treatment where appropriate.

We refute the notion that this Bill does not carry any additional financial resource requirements. The following resource issues must be addressed if this legislation is to be operational:

• The capacity of the National Forensic Service at the Central Mental Hospital must be expanded.
• A national network of a range of secure units must be developed (as per preamble).
• This expansion of the services must be accompanied by an increase in the number of Specialist Forensic Psychiatrists and multidisciplinary teams.
• Any diversion to the Generic services must be accompanied by an appropriate diversion of funds.
• The need for a specialist service for intellectually disabled offenders is presently well recognised by the profession and will be highlighted further with this new legislation. This must be addressed.

As previously stated the Irish College of Psychiatrists can only support the introduction of the legislation if there is genuine commitment to addressing the above resource issues.

We request a meeting with you at the earliest opportunity to discuss our proposed amendments and concerns regarding the impact of this Act on Irish Psychiatric Services.

With kind regards.

Yours sincerely

Dr Colette M Halpin
Chairman

cc Mr M Martin - Minister for Health and Children
Mr Tim O’Malley - Minister for State, Department of Health and Children
Mr T Dalton – Secretary General, Department of Justice, Equality and Law Reform
Mr D Devitt – Assistant Secretary, Department of Health and Children
Ms B Nic Aongusa – Principal Officer, Mental Health Services, Dept of Health and Children
Dr J Owens - Mental Health Commission
Dr E Dooley –Department of Justice, Equality and Law Reform


*** Please note - to see a copy of the proposed amendments referred to in the above letter, contact the Irish Division Administration Office.