Brian O'Shea (Waterford, Labour)
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Question 50: To ask the Minister for Justice, Equality and Law Reform when he expects to publish legislation based on his justice for victims initiative; if his attention has been drawn to the concerns about some of his proposals expressed by a group (details supplied); his views on the concerns raised; and if he will make a statement on the matter. [7598/09]

Dermot Ahern (Louth, Fianna Fail)
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In June 2008, at the launch of the Justice for Victims Initiative, I announced that it would include an important legislative package of reforms. Last December the Government approved my proposals for this legislative package in the form of the Criminal Procedure Bill. This Bill draws on several of the major recommendations of the Balance in the Criminal Law Review Group. The General Scheme of the Bill is available from my Department's website.

The legislative proposals are groundbreaking and include:

Reform of the victim impact statement mechanism, in particular, to give a statutory right to make a statement to family members in homicide cases or in cases where the victim is incapacitated as a result of the crime or where the victim is a child or suffers from a mental disorder.

A new procedure where the DPP can apply for a court order to have cases re-tried following an acquittal (i) where compelling new evidence later emerges or (ii) where the acquittal occurred due to an error in law by a trial judge or (iii) where sufficient evidence exists of tampering with the trial process, including witness intimidation or perjury.

Reform of the law on character evidence to enable the prosecution to respond where, during the trial, unwarranted and vexatious imputations are made by or at the instigation of the accused against the character of deceased or incapacitated victims.

Provide for the advance disclosure to the prosecution of expert evidence which the defence proposes to introduce.

Establish a written procedure that will allow for the early return of property to victims, where that property may constitute evidence in criminal trials.

The Bill is currently being drafted by the Office of the Parliamentary Counsel. The work is progressing very satisfactorily.

The document to which the Deputy refers, A Better Deal: the Human Rights of Victims in the Criminal Justice System, was prepared by the Irish Council for Civil Liberties (ICCL). It contains a very comprehensive and helpful analysis of the position of victims of crime. However, I would point out that most of the comments and recommendations made by the ICCL relate to practical and administrative measures which do not require legislative action. Nonetheless, the comments and recommendations are very pertinent and are being given due consideration. I would also add that one of the areas mentioned by the ICCL that requires legislation, namely the revision of the arrangements relating to victim impact statements, is being addressed in the Bill I am preparing.

I am aware that in a separate publication entitled "Taking Liberties: the human rights implications of the Balance in the Criminal Law Review Group Report the ICCL took issue with some of the recommendations of the Criminal Law Review Group including those relating to appeals against acquittals. The House will have an opportunity to fully debate these issues, including the level of safeguards being provided, when the Criminal Procedure Bill is published.