Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 6:

In page 7, between lines 37 and 38, to insert the following:" "restorative justice” means any process whereby the victim and the offender are enabled, if they freely consent, to participate actively in the resolution of matters arising from the criminal offence through the help of an impartial third party;".

These are a particularly important group of amendments and we will be pushing strongly for them to be included. They are to ensure that when restorative justice is provided, it will only take place in circumstances where safeguards are respected.

The reasons given for the absence of restorative justice in the Bill were that the services are not available nationwide and there is no statutory basis for the services. I do not think either of these reasons is good enough to leave it out of this legislation. Restorative justice is an incredibly valuable process for both the victim and for the perpetrator. Obviously, the victim is given a chance to confront somebody who has committed a crime which many have found incredibly empowering. For the perpetrator, it can be a first step in understanding the damage of what they have done.

Many of the NGOs, non-governmental organisations, in the area have commented on this and have actively argued for its inclusion in the legislation. Article 4 of the victims' directive already states that victims must be informed on first contact with the Garda of the available restorative justice services. Article 12 provides that member states shall take measures to safeguard the victim from secondary and repeat victimisation, from intimidation and from retaliation when providing any restorative justice services.

That is what is in the grouping of amendments. I will not read it. The Deputy and the Minister of State have read it. There are a number of safeguards. I gave an example on Second Stage where a judge recommended restorative justice in wholly inappropriate circumstances where a victim of child sex abuse was asked by a judge if she wanted to engage in restorative justice with the perpetrator. The perpetrator had not accepted the facts of the case and had not accepted the guilty verdict, and was not in any place to engage. Obviously, the person was put on the spot.

It is important to have the provision, but we need to have safeguards, which is the purpose of this grouping of amendments.