Mr. Niall Counihan:

Facing Forward welcomes the opportunity to speak at this oral hearing on the general scheme of the criminal justice (victims of crime) Bill. Facing Forward is a voluntary organisation without paid staff, established in 2005. It is comprised of practitioners with expertise in restorative processes, mediation, conflict resolution, youth offending, criminal justice, law and trauma counselling. We promote the use of restorative approaches in all areas of the criminal justice system, including with the most serious types of crime, taking into account the needs of all those impacted by the harm resulting from crime.

Facing Forward commends the Government's commitment to introduce draft primary legislation to implement this directive establishing minimum standards on the rights, support and protection of victims of crime. We are focusing on the restorative justice provisions of the Bill which relate to our specific area of interest. We consider it important that the rights and protections for victims contained in this Bill would be comprehensive and extend to all existing and future restorative justice programmes. We have a number of queries about aspects of the general scheme as follows.

On head 2, interpretation, in its definition of a "victim", the general scheme contains a phrase not present in the EU victims directive, "perpetrated against him or her". The addition of the underlined phrase appears to have the effect of excluding secondary victims or those who witness a crime, even if they experience harm and trauma as a result, potentially limiting their rights as victims. International experience has shown that restorative justice has benefits for all those who suffer harm as a result of a particular crime, including those who witness serious crime. Facing Forward proposes that this phrase be removed in line with the EU victims directive.

The current text of head 2 does not define "restorative justice". In order to clarify the meaning of head 28 of the general scheme of the Bill, Facing Forward proposes that the definition contained in Article 2 (d) of the directive be included in head 2, as outlined in the presentation.

On head 4, information to be provided to victims, Article 4 of the EU victims directive requires that all victims be given information on "the available restorative justice services". This requirement is currently omitted from the draft Bill. Facing Forward proposes that this clause be included in head 4 of the general scheme.

On head 8, information to be provided on request to a victim where a complaint has been made, head 8 gives a victim who has requested such information the right to be informed "if it is proposed to deal with an alleged offender in relation to the offence alleged in the complaint otherwise than by prosecution before a court". Head 13 excludes decisions relating to juvenile diversion and adult caution schemes operated by the Garda Síochána. We think that should be looked at for possible inclusion in the Bill.

Head 13 currently states that victims do not need to be informed about decisions on admitting those responsible for crimes to a diversion programme under Part 4 of the Children Act 2001 and under the Garda Síochána adult caution scheme. Facing Forward understands Article 12 of the directive to apply to all restorative justice programmes and work in the jurisdiction without exception.

On head 20, training, the provision of training in this head is currently limited to the staff of statutory agencies listed in the schedule. This provision does not cover the staff of non-governmental projects enabled by these statutory agencies. Article 25 of the EU victims directive supports member states to encourage initiatives enabling those providing restorative justice services to receive "adequate training to a level appropriate to their contact with victims". Facing Forward, therefore, proposes that the training provision needs to apply to staff and volunteers of non-governmental organisations working with victims, including through restorative justice processes.

As currently drafted, head 28 applies only "Where any agency or body listed in the Schedule to this Bill provides or enables any restorative justice service, [other than those provided for in the Children Act 2001 (as amended)],". The schedule currently does not include the probation service, under whose supervision and funding both restorative justice services and restorative justice in the community currently operate. Facing Forward proposes that all agencies currently "enabling" restorative justice programmes be included in the schedule to the general scheme and that some wording be found to include future new developments in restorative justice service provision. Facing Forward also proposes that the safeguards in head 28 also apply to the restorative work done by the Garda Síochána juvenile diversion programme under the Children Act 2001 in order to offer victims of juvenile crime the same rights with regard to restorative justice service provision as victims of other crime.

Article 12 of the EU victims directive states, "Member States shall facilitate the referral of cases, as appropriate to restorative justice services, including through the establishment of procedures or guidelines on the conditions for such referral". Facing Forward proposes that this or similar wording be included in the draft Bill to consolidate the existing referral system for restorative justice work.