Dáil Éireann debate -
Thursday, 21 Feb 2002

Vol. 549 No. 2

Written Answers. - Legal Definition of Murder.

Eamon Gilmore

Question:

16 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform his plans to widen the definition of murder to include reckless indifference to the value of human life, as recommended by the Law Reform Commission; and if he will make a statement on the matter. [6064/02]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The Law Reform Commission has undertaken a review of the rather complex question of the mental element in murder. As the Deputy is aware, the commission published a consultation paper on this matter in March 2001. Its paper includes consideration of reckless indifference in the context of the mens rea for murder and it puts forward a preliminary view on the matter. The commission made it clear that the recommendations contained in the consultation paper were provisional only and intended to form the basis for discussion. The consultation paper provides interested parties with an opportunity to make submissions on the proposals set out in the paper. The commission will consider these submissions in preparing its final report and recommendations.

In its introduction to the consultation paper, the commission indicated that it envisaged there would be further papers that would focus on various aspects of the law of homicide. Topics which it is considering for examination in the context of the law on homicide include: provocation, legitimate defence, manslaughter, including corporate manslaughter, causation and proper limits of exculpation.

The Deputy will be aware that the Law Reform Commission is an independent statutory body and that I, as Minister, have no role or function in terms of directing it or setting its timetable or work programmes. It is evident that the commission fulfils a very important function and I value greatly its input into law reform. Its reports have provided the basis for many legislative proposals my predecessors and I have brought before this House.

It would be premature to take any steps based on a consultation paper, which clearly states that its recommendations are tentative and provisional, before the commission has presented its final report on the issue. Rather than undertaking piecemeal reform it may be prudent to await the review of the entire homicide area before proceeding with any proposals for reform. However, I welcome the commission's examination of these issues. I hope to respond promptly and proactively to its recommendations in this area when they become available.

In the circumstances I will await the commission's report and recommendations before considering what approach should be taken on this matter.