Ms Maria McDonald:

I thank the committee for giving me the opportunity to speak on behalf of the Victims Rights Alliance, VRA. The VRA is an alliance of victim support and human rights organisations in Ireland, namely, Advocates for Victims of Homicide, the CARI Foundation, the Dublin Rape Crisis Centre, the Gay & Lesbian Equality Network, GLEN, the Immigrant Council of Ireland, Inclusion Ireland, the Irish Council for Civil Liberties, ICCL, the Irish Road Victims Association, the Irish Tourist Assistance Service, One in Four, the Rape Crisis Network Ireland, SAFE Ireland, Support after Homicide and Victim Support at Court. The VRA was formed with one key goal: to ensure the victims’ directive is implemented in Ireland for the benefit of all victims of crime.

As the committee is aware, the scheme of the criminal justice (victims of crime) Bill 2015 endeavours to transpose the EU victims directive. The directive provides for minimum rights, supports and protections regardless of the residential status of the victim. It must be transposed by 16 November 2015. The VRA has welcomed the publication of the Bill. However, it must be strengthened if it is to comply with the directive and in its current format it is in breach of the directive.

Victims have been let down by the criminal justice system, as illustrated by the Guerin report and the Garda Inspectorate report. A survey conducted by VRA members indicated that 72% of victims felt re-victimised by the criminal justice system and, as I will outline, the Bill does not go far enough to prevent re-victimisation. First, head 16 of the Bill does not provide for protection measures required under Article 23(3)(b) of the directive, which states that measures must be made available to avoid unnecessary questioning concerning the victim's private life not related to the criminal offence. This has not been legislated for and is in breach of the directive. The inclusion of this measure is essential to prevent re-victimisation.

As the committee is aware, EU law takes precedence over Irish law. In addition, Irish law must be interpreted in a manner which is compatible with the European Convention on Human Rights. I draw the committee's attention to a recent judgment of that court in the case of Y. v.Slovenia in which it held and made clear that the rights of the victims must be balanced with those of the accused. I will quote from that judgment, which states, "a person’s right to defend himself does not provide for an unlimited right to use any defence [and] the Court considers that "cross-examination should not be used as a means of intimidating or humiliating witnesses".

It is imperative that this issue be legislated for. Failure to do so will result in victims being re-victimised by cross-examination. Consideration should be given to providing victims with legal aid when attempts are being made to cross-examine in such an instance.

Second, the use of intermediaries in court was first permitted under the Criminal Evidence Act 1992, which was introduced 23 years ago. There is no panel of trained intermediaries and there are no guidelines on their use. I understand that they have been used only once in 23 years. The use of intermediaries is also provided for under this legislation to protect victims' rights. It is essential that intermediaries can be used in practice. In order to ensure this, additional guidelines will be required and additional measures will need to be implemented.

Third, information is key if a victim is to be able to access rights under the directive. Head 4 of the Bill provides that certain information must be provided to victims of crime by the Garda. However, according to the directive, this information should be made available at first contact and without unnecessary delay. A significant number of victims never make contact with the Garda but they are still entitled to their rights under the directive. Article 4 of the directive envisages that information should be made available by other bodies, such as the HSE. Head 4 should be extended to the HSE so victims can be provided with information in order that they can access their rights under the directive.

It is all very well providing information to victims of crime but they must be able to understand it. The directive is very clear that there is a right to translation. The Bill, however, does not provide for the right to translation. Head 19(3) states the Minister can make regulations for interpretation and translation. However, according to case law from the Supreme Court, the Minister cannot make regulations when principles and policies concerning the right itself are not included in the legislation. This change must be made to comply with the directive.

The Bill fails to provide for the right to victim support services. Victims have a right to access victim support services, including counselling and shelters, free of charge for a period before, during and after any criminal investigation. It is essential that this right be included in the Bill.

Budget 2016 included a welcome increase of 21% in the Victims of Crime Office funding to €1.5 million. An increase of 21% may appear significant but this amounts to an increase of approximately €300,000 for 50 victim support organisations. That is an extra €6,000 per organisation. VRA member organisations rely on volunteers. For example, Advocates for Victims of Homicide, Support after Homicide and the Irish Road Victims' Association have no paid staff and rely on volunteers. They will struggle to survive in the longer term without paid staff. The Victims of Crime Office does not provide for advocacy services. VRA is one such organisation. We have no funding and we will not be in a position to continue working together without access to funding.

The Garda will be required to facilitate the referral of victims to victim support services under the Bill and the directive. Head 6(6) of the Bill outlines a three-step test for referral. First, the victim must consent to the referral. However, the second and third aspects of the test are subjective in that the Garda will consider whether the victim's ability to consider a support service is limited and whether a victim might benefit from contact with such a service. A victim has a right to access to victim support services under the directive and it should not be limited by whether a garda believes a victim may benefit from victim support services. Consent should be the only requirement.

Head 30 of the Bill provides for grievance procedures. The VRA is of the view that an office of a victims ombudsman or victims commissioner should be established to deal with victims' complaints. A victims ombudsman could form part of an existing ombudsman’s office to reduce costs.

One cannot underestimate the impact that the victims directive and the Bill, if transposed fully, will have on victims of crime in Ireland. The members are the watchdogs of this legislation and I implore them to do as much as possible to ensure it complies with the directive. It will change lives.