David Stanton (Cork East, Fine Gael) | Oireachtas source

I thank the Deputies for their amendments which aim to provide for information and safeguards for restorative justice practices in the Bill. I fully agree that such provision is necessary and I assure Deputies that I intend to make provision for the rights of victims who participate in restorative justice practices in the Bill. I regret that I have not been able to bring forward these amendments today. As I informed the House on Second Stage, there are legal issues regarding the most appropriate text for the provision, given the non-statutory nature of restorative justice practices available in the State. I have just recently received preliminary advices from the Office of the Attorney General on the matter.

I am happy to inform the committee that a provision, not dissimilar from those proposed in the amendments before us, will be possible. Ensuring that the specific wording of the provision does not interfere with or prevent the operation of existing restorative justice services is very important, as is protecting the provisions from legal challenge. I ask Deputies to give me the time to bring forward amendments that will meet these aims.

Legal advice has also suggested that specific provision should be made for the rights of victims engaging in restorative justice practices in the case of child offenders. The Children Act 2001 provides for a role for victims in the administration of cautions and in family conferences under the juvenile diversion programme. Deputies will appreciate that care needs to be taken to ensure an appropriate balance between the rights of victims and the rights of child offenders in these circumstances. Amendments to provide the necessary changes to the Children Act are under consideration, in consultation with the Garda, the Irish Youth Justice Service and the Young Person's Probation Service. I assure Deputies that the necessary amendments will be brought forward during progress of the Bill.