Clare Daly (Dublin Fingal, Independent) | Oireachtas source

It is incredibly fortunate that Ms McDonald is in attendance. We are all going to be well-informed for the debate to take place over the next two days. That is good because it is bringing in a new and fresher perspective on the legislation which will be important. Then we can get it right when it comes back on Committee Stage.

We are in a little bit of an unusual situation in that the committee is discussing this Bill in the context of penal reform. Rather than the supports necessary for individual victims, we are looking at what society does with offenders in order to reduce both recidivism and the number of victims by grappling with the issues of crime. In that context, the point about the absence of restorative justice is important. I know it is emotionally difficult and Ms McDonald made the point very well for it to be individually tailored to whatever situation, as well as it being voluntary. If we can get into that process, its success rates are phenomenal in reducing levels of reoffending.

While I think it was mentioned, it should be really spelled out that there are services in Ireland for restorative justice and a legal obligation under the directive to inform people of them. However, that is not being done. It is certainly not being provided for in the legislation and it is not even being done going forward. It is incredibly poor if it is the case, not just in terms of recidivism but because victims are empowered if they can confront the person who committed a crime against them. They can deal with those issues and get some of their confidence back. It is incredibly powerful and often has a dramatic effect on the person who committed the crime. I am curious about that end of things.

The other thing we come across is people being re-victimised by the system, which was also mentioned. When all of the Garda controversy started, we were inundated with cases from people all over the country who had been the victims of serious crimes like the murder of loved ones and other horrendous crimes. At their weakest point, they turned to the State for assistance and were actually re-victimised because in some instances either gardaí were involved in the original crime or the offender was in with gardaí. They then became the victims of a whole pile of unnecessary and unwarranted attention and harassment. Those cases resulted in the unfortunate independent review mechanism and not much justice. That links in with the current lack of State support. How does one stop those who are in the system from reoffending the victim? I am probably not explaining myself very well because I have the flu.