Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 148:

In page 33, after line 35, to insert the following:

“Safeguards in the context of restorative justice31. (1) A court or other public body shall not invite a victim to participate in a restorative justice process unless satisfied that the victim would be reasonably safeguarded against secondary and repeat victimisation, intimidation and retaliation and would have access to safe and competent restorative justice services, subject to at a minimum the following conditions:

(a) the restorative justice services are used only if they are in the interest of the victim, subject to any safety considerations, and are based on the victim’s free and informed consent, which may be withdrawn at any time;

(b) before agreeing to participate in the restorative justice process, the victim is provided with full and unbiased information about that process and the potential outcomes as well as information about the procedures for supervising the implementation of any agreement;

(c) the offender has acknowledged the basic facts of the case; and (d) any agreement is arrived at voluntarily and may be taken into account in any further criminal proceedings.

(2) Any communications in the course of a restorative justice process to which this section applies that are not conducted in public are confidential, and shall not subsequently be disclosed, save with the agreement of the parties or where a court determines that disclosure should be made in the interests of the administration of justice.”.