7 July 2004

Mr B Ahern TD
An Taoiseach
Dáil Eireann
Kildare Street
Dublin 2

RE:       Criminal Law (Insanity) Bill

Dear Taoiseach

The Irish College of Psychiatrists is concerned at the conduct of the Oireachtas debate regarding the Criminal Law (Insanity) Bill.  We were particularly concerned that none of the amendments put forward in the Senate were accepted by the Minister for Justice, Equality and Law Reform.  In particular we are concerned the Minister spoke disparagingly of the suggestion that Courts should hear the expert evidence of psychiatrists before reaching a decision on fitness to plead or insanity. 

The Minister was also dismissive of the suggestion that the Insanity Bill should aim to be compatible with the Mental Health Act (2001) in its definition of mental disorder and in the conduct of review tribunals.  Both of these could be achieved through simple adjustments of wording.  Compatibility need not mean exact copying.

Those raising psychiatric defences to criminal charges must ultimately look towards mental health services for their long term treatment and rehabilitation.  To establish a separate, parallel system which is incompatible with mainstream mental health services cannot in our view succeed.  It would be quickly discredited when inappropriate decisions are made and we believe it would be incompatible with a variety of international covenants on the rights of the mentally ill and the rights of mentally ill prisoners. 

We are surprised that the Minister insists that the Courts should be free to adopt their own definitions of mental disorder.  Good legislation based on wide consultation with interested parties would be essential for the efficient working and long-term credibility of services involving multiple agencies such as Justice and Health.  Surely it is the role of legislators to do this essential groundwork.

The Irish College of Psychiatrists remains committed to being helpful in every possible way towards the modernisation of this long neglected area.  We are grateful to the Government for giving the Bill its attention.  We stand ready to help with any process of consultation and we are disappointed that consultation has not already taken place.

Yours sincerely,

Dr Kate Ganter
Chairman