THE Minister for Justice, Mrs Owen, last night promised changes in the law on criminal insanity. She told a Dail adjournment debate she hoped to bring in legislation "at the latest by early next year".
TDs were warned by the Ceann Comhairle, Mr Sean Treacy, that they could not refer to a case currently before the High Court - an indirect reference to Mr John Gallagher, found guilty but insane of two murders in Co Sligo, who has applied for release on the grounds that he is no longer mentally ill.
The High Court was told lasts Monday the director of the Central Mental Hospital in Dundrum, Dublin, had advised that he could not justify the continued detention of Mr Gallagher, who was found guilty but insane of the murders of his former girlfriend and her mother in Sligo in September 1988.
Relatives of the dead women are to petition the Minister to prevent Mr Gallagher's release. They said they felt threatened at the prospect of his release.
Mr Gallagher is seeking an inquiry into his continuing detention on the grounds that it is unlawful. Mr Justice Kelly gave him leave to seek the inquiry and next Monday has been set for the hearing. The Minister will have to give reasons for Mr Gallagher's continuing detention.
In the Dail adjournment debate, Mr Willie O'Dea of Fianna Fail said "recent events" had highlighted the "grossly inadequate and confused nature of the law relating to criminal insanity".
He added: "The right of a person who has been adjudged guilty but insane after having committed a horrific crime, or perhaps a series of crimes, to be readmitted into society is uncertain. That uncertainty has caused great public disquiet.
"If any such person were to be released, then it is safe to assume that no Irish jury would ever again find that somebody is guilty but insane - particularly in a murder case," Mr O'Dea said.
Mrs Owen said areas to be addressed in the forthcoming measures would include fitness to plead, the definition of criminal insanity, the introduction of a new verdict of "guilty but diminished responsibility"
the procedures governing the detention and release of persons found guilty but insane.
A report nearly 20 years ago on the subject may at last find some of its recommendations incorporated into legislation. The Minister said special account would be taken of the 1978 report of the interDepartmental committee on mentally ill and maladjusted persons chaired by Mr Justice Henchy.
"Because of the pressing priorities in other areas, progress in bringing forward reform of the law in this area has not perhaps been as fast as we would want," the Minister said.
Mr O'Dea said rumours that reforms were imminent had proved to be "greatly exaggerated" and added: "The genuine and widely felt public concern to which this matter has given rise dictate that the matter must now be given the most urgent priority."
The need for legislation had been raised earlier in the day by both Fianna Fail and the Progressive Democrats, in the light of developments in the Gallagher case. However, the Department of Justice would make no comment on the case on the grounds that it was still before the courts.
The Taoiseach, Mr Bruton, said on the order of business in the Dail he was hopeful a general scheme of the Bill would be presented to the Government "late this year" and that the legislation would be ready "early next year".
"This legislation has been in preparation by this Government's predecessors for most of this decade and more. It will be introduced by this Government," he said.
The Fianna Fail spokesman on justice, Mr John O'Donoghue, said in a statement: "This deeply distressing case clearly highlights just one of the deficiencies which abound in the Irish criminal justice system as we approach the 21st century".
The PD justice spokeswoman, Ms Liz O'Donnell, said failure to legislate in this area dated from 1978. In that year the report from the Henchy Committee had included a draft Criminal Justice (Mental Health) Bill.