asked the Minister for Justice whether he will review the present system of penological practice in the courts in order to bring the judicial system more into line with contemporary psychiatric concepts of criminality and its treatment.
38.
Ceisteanna—Questions. Oral Answers. - Court Penological Practice.
37.
asked the Minister for Justice whether he will consider introducing into the judicial system a practice wherein the courts shall rule only on the issue of whether the offender had committed a crime and a tribunal of psychiatrists, sociologists and other experts will be allowed to assist the judge in the proper disposition of the offender.
39.
asked the Minister for Justice if, in view of the dissatisfaction generally felt in enlightened psychiatric practice with the concepts of unfit to plead and guilty but insane, he will consider introducing into the judicial and penological codes the principle that all offenders are responsible and that psychiatric skills be utilised to help the courts in the disposition and treatment of offenders except where the death penalty on a capital charge still obtains.
With your permission, a Cheann Chomhairle, I propose to take Questions Nos. 37, 38 and 39 together.
Without accepting some of the implications contained in these Questions, I am, as I foreshadowed when introducing the Prisons Bill last year, in the process of establishing, in consultation with the Minister for Health, an interdepartmental committee to examine and make recommendations regarding the provision to be made for dealing with mentally disturbed people, including those who come in conflict with the law. Certain difficulties which arose in finding suitable persons to carry out this important investigation have now been largely overcome but I think it only right to point out that the subject is so complex that it would be unrealistic to expect any recommendations for quite some time, and certainly not in a matter of a few months. I should also like to make it clear that this will be an informal committee which will be advising me privately, possibly from time to time as they come to conclusions on different aspects, and that a formal report for publication is not envisaged.
I appreciate that this is a very complex problem. However, I was not just concerned with the problem of what the Minister appears to believe is a category of the mentally ill. I was concerned with all of those people who come in conflict with the law and the acceptance of the general principle that all people are responsible. A group of forensic psychiatrists, people with a special skill and knowledge, could help the courts—who have the final decision—in deciding on the treatment for the individual, whether he is considered to be mentally ill or classed as a normal criminal. Is the Minister going to confine his inquiries to the mentally ill or will he confine them to the whole question of criminality?
I consider that the committee, possibly in conjunction with an existing committee under the chairmanship of the President of the High Court, will have to consider matters such as the "guilty but insane" verdict which can be brought in in this country and also consider the question in the light of modern medical science of the MacNaughton Rules. I would expect that the committee would cover topics such as that also.
Is it envisaged that it will be published?
No, it is not envisaged that it will be published.
Would it not be of interest?
I should imagine it would. However, I think it would probably speed up the committee's recommendations if they gave advice from time to time on specific aspects.