Oireachtas Joint and Select Committees

Wednesday, 1 March 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Prisons, Penal Policy and Sentencing (Resumed): Victims' Rights Alliance

9:00 am

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

I want to touch on one or two issues. The first relates to information and victims of crime being able to access it. One of the issues there is not only relates not only to victims but also to gardaí. The latter have an obligation to provide the information. I question whether many members of An Garda Síochána have that information to pass on. Is there any central database or list of all restorative programmes in the State? If a garda does not have the information, he or she cannot pass it on. Does the Victims Rights Alliance know whether there is an aspect of Garda training that addresses this? Is there any obligation on chief superintendents in charge of divisions to ensure that the officers under their command have this information? Exactly what is the process to ensure that gardaí have the information to be able to pass it on to victims?

The other issue is the sentencing process. I have always been very critical of the way judges have no obligation to engage in continuing professional development. As such, there is no ongoing training for judges. One becomes a judge and one can remain in the position for however long one wants, with no obligation to engage in any training whatsoever. The Canadian model was referred to by Ms McDonald. Does it involve mandatory training? Ms McDonald said a judge made it mandatory for people within his courthouse, but is it mandated by the state in Canada? Are there models in which there is mandatory training for judges, in particular in relation to sex crimes, domestic violence, and homicide? If that was an aspect of the Judiciary, how would it help victims of crime?

I acknowledge that there are various omissions in the Criminal Justice (Victims of Crime) Bill. Hopefully, we can address those on Committee Stage. The one that has really stuck out for me is restorative justice. It sticks out because the Department included it in the general scheme of the Bill and as such recognised that restorative justice was a critical part of transposing the victims' directive into Irish law. Yet, it is missing from the published Bill. Ms McDonald said it may be because there is no statutory scheme. That may be the case, but has the IVRA received any information as to why that was pulled from the publication of the Bill having been included in the general scheme? My understanding is that it is not just that there is no statutory scheme, but also that there is no legal definition in law of what a restorative justice programme is meant to look like.

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