Dáil debates

Wednesday, 26 March 2014

Restorative Justice (Reparation of Victims) Bill 2013: Second Stage (Resumed) [Private Members]

 

8:40 pm

Photo of Eamonn MaloneyEamonn Maloney (Dublin South West, Labour) | Oireachtas source

I commend Deputy Halligan on introducing this Bill. I listened carefully to his contribution yesterday evening and I hope all Members share his concern for highlighting the belief among the general public that victims are left out of the picture when severe incidents occur. All of us can participate in strengthening the legislation in that regard. There is some justification for the public's belief that the law as it stands does not fully protect victims of assault and other crimes. It is up to us to strengthen the law in the interest of victims.

The impacts of assaults on people are varied, as has been outlined yesterday evening. I am aware of one incident that occurred three months ago when an individual who happened to be travelling on a bus was physically assaulted to a limited degree after being caught in a brawl that had nothing to do with him. However, his biggest problem was the mental rather than the physical effects of the assault. It is a terrifying experience for a law abiding citizen to be trapped on a bus in the midst of a brawl. The individual has not taken the bus since his experience and has been attending counselling sessions at his own expense. As he does not come from a well heeled part of the city, this is a huge financial burden for him. We should take these aspects of crime into consideration in improving the law. The Criminal Justice Act 1993 provides powers for courts to compensate victims. I agree with speakers who suggested last night that the legislation could be strengthened in that regard.

In regard to the Bill before us, I have strong reservations about sections 13 and 14, which provide for Garda assessments of the cost of retribution to victims. I do not think that is a function which should be given to the Garda. I understand a similar measure was attempted in the United States but it was not successful. There may be a way around the problems but I have reservations about giving that responsibility to the Garda.

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