Owen promises bill to amend law on criminal insanity

A BILL to amend the law on criminal insanity will be introduced by early next year, the Minister for Justice said.

Mrs Owen was replying, on the adjournment, to Mr Willie O'Dea (FF, Limerick East) who said that recent events had highlighted the inadequate and confused nature of the law relating to criminal insanity.

The law was still based on the McNaghten rules laid down by the British courts in the mid 19th century.

The definition was narrow and ignored developments in psychiatric medicine. It did not encompass such conditions as personality disorders, psychopathy or sociopathy.

Britain had amended its law in 1957, introducing the defence of diminished responsibility to take account of mental deficiency which fell short of insanity as defined under the McNaghten rules.

A similar change was recommended in Ireland in 1978 by the Henchy committee, but no action had ensued.

"The right of a person adjudged guilty but insane after having committed a horrific crime, ore perhaps a series of crimes, to be readmitted into society is uncertain," Mr O'Dea added.

"That uncertainty has caused great public alarm. If any such person is released, then it is safe to assume that no Irish jury will ever again find that somebody is guilty but insane, particularly in a murder case."

Mrs Owen said her Department had been examining the law relating to criminal insanity for some time. The procedures governing detention and release of persons found guilty but insane were also being considered.

Because of pressing priorities in other areas progress in bringing forward reform of the law in this area "has not perhaps been as fast as we would want", but much work had been done.

The introduction of the concept of diminished responsibility would be of special interest. It would cater for a person who was not legally insane but was suffering from a mental disorder which reduced culpability.

The effect would be a conviction for manslaughter, with the courts having discretion to impose any sentence up to life.

Under present law, an advisory committee of a senior counsel, a consultant psychiatrist and a general practitioner made recommendations about whether continued detention was warranted.

The ultimate responsibility lay with the Minister for Justice. A decision was made under the Trial of Lunatics Act 1883. New legislation would not affect the situation of persons detained having been found guilty but insane. They would continue to be dealt with under existing law.

Earlier, the Taoiseach refused to be drawn on the case of Mr John Gallagher, the man found guilty but insane of two Sligo murders. He was asked by the Fianna Fail spokesman on justice, Mr John O'Donoghue if he could advise the House what position the Government intended taking in relation to the possible release of Mr Gallagher.

Mr Bruton said he would not get involved in a specific case but he added that the legislation had been in preparation by the Government's predecessors for most the decade and more. "It will be introduced by this Government."

Mr Bruton said the Criminal Law Insanity Bill was in preparation and he hoped that a general scheme would be presented to the Government late this year, and that the legislation would be ready early next year.

The PDs spokeswoman on justice, Ms Liz O'Donnell, said it was vital in the light of the Ellis and Gallagher cases and the O'Donnell case that the issue of criminal insanity was put on a legislative footing.