Parliamentary Question: Mental Health Courts

13th May 2003

191. Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on the proposal to introduce mental health courts here. [12816/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell): I assume that the Deputy is referring to a proposal by the Irish Penal Reform Trust in its policy paper published in 2001, entitled Community Solutions to the Criminalisation of the Mentally Ill in Ireland, for the establishment of a mental health court system on the lines of similar initiatives undertaken in the United States, particularly in Alaska. This initiative involves a centrally organised co-ordination of court, agency and mental health resources. All offenders with a history of mental illness appear in these courts before judges who have special expertise in mental health issues. The judge is also responsible for co-ordinating the role of the court with the police, the prosecution, the defence and the mental health agencies.

At present the Criminal Law (Insanity) Bill 2002 is awaiting Committee Stage in the Seanad. The Bill contains proposals to deal with certain aspects of this matter in the context of persons who come within the definition of criminal insanity in our criminal law and their referral by the courts to a designated centre as defined in it. This is in line with a recommendation in the Henchy report 1978.

The Bill is not designed to alter the sentencing powers of courts to include treatment orders so that persons who are mentally ill, but who are not found to be criminally insane, charged with or convicted of a criminal offence could be sent to an appropriate local hospital instead of being committed to prison. I am generally in favour of moves to ensure the more appropriate placement of persons suffering from mental illness - as defined in the criminal law and otherwise. However, the proposal involves major policy and resource issues for my Department, the Prison Service, the Courts Service and, especially, the Department of Health and Children. My immediate priority is the early enactment of the Criminal Law (Insanity) Bill.