NEW legislation on the law of insanity is "at an advanced stage", and will be ready for publication later this year. A spokeswoman for the Department of Justice said she expected it to be published this year, despite the fact that a general election will intervene.
The issue of insanity arose again in a criminal trial last week when a jury refused to accept a plea of insanity by a Co Donegal man, Patrick Granaghan (36), as a defence against a charge of murdering a 13 year old girl.
Evidence was given that he suffered from schizophrenia, but psychiatrists disagreed as to whether this condition was responsible for the attack, and the jury decided it was not.
In April 1996 a jury found Brendan O'Donnell guilty of the murder of Imelda Riney, her son, Liam, and Father Joe Walsh. Again, evidence of his disturbed state of mind had been given, but a defence of insanity was rejected.
The new legislation, which would widen the options open to a Jury, has been in preparation for two years. In June 1995 the Minister for Justice, Mrs Owen, announced that she had got, Government approval for the drafting of a Bill to amend the law.
It would provide for a new verdict of "not guilty by reason of insanity", and a new plea of "guilty but with diminished responsibility". It would also provide for a new review body which could review cases of persons detained after the former verdict, or who were found unfit to plead. A spokeswoman for the Department told The Irish Times that work on it is now "well advanced". However, it will not be published before the election.
Asked to comment on the delay in this legislation, which has been promised by successive governments, she pointed out that, when the Bills currently before the Dail are passed, the Minister will have processed at least 16 pieces of legislation in two years.