asked the Minister for Justice whether he has under consideration a reform of the law protecting mental defectives from sexual exploitation; whether he has under consideration revision of the threefold definition of mental deficiency as defined under the Mental Deficiency Act, 1913 which has been carried over into section 4 of the Criminal Law (Amendment) Act, 1935; if he will agree that such a threefold definition should be abolished and replaced with a clear, single definition to avoid jury confusion; whether he will consider the adoption of a definition along the lines of section 4 of the UK Mental Health Act, 1959; and if he will make a statement on the matter.
Written Answers. - Mental Deficiency Legislation Reform.
575.
Limerick East): No representations have been received by me which would indicate or suggest that the existing law is inadequate to protect mentally subnormal women from sexual exploitation and I have been unable to confirm that the position with regard to the definition of terms is as stated in the question. If the Deputy has additional information in the matter or if he has some specific instance in mind I would be glad to have the details from him.
I would agree that even if the substance of the provision is adequate a suitable opportunity might be taken to consider whether a change might be made in the terminology of section 4 of the 1935 Act to bring it into line with current usage. I am having the matter noted accordingly and I am bringing it to the notice of the Department of Health on a similar basis.