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

I thank the Deputies for tabling the amendment. I understand what the Deputies are seeking to achieve but I do not believe that the amendment is either necessary or represents an effective manner of achieving the desired end. I will explain why.

In the first instance, it is necessary to state clearly thede factoposition in the Bill. There is nothing in the definition of "victim" to suggest in any way that an offender might have to be identified, apprehended, prosecuted or convicted for a person to be a victim for the purposes of the Bill. In fact, it is clear that in many circumstances, for example, at first contact before a complaint has even been made, it would be impossible for an offender to have been apprehended or prosecuted. Moreover, there is no suggestion that the relationship between the victim and the offender could have any bearing on whether a person is a victim.

Why put it in? Is it to be sure? There are two reasons. The first is that a single definition of "victim" is used throughout the Bill for clarity and consistency. As such, that definition must be appropriate to all the provisions where the word is used. Many provisions in the Bill specifically require that certain conditions, which are excluded in the amendment, are met. For a victim to receive information on the charging, remand or trial of an accused, it is necessary for an offender to be identified and prosecuted. For a victim to receive information from the Prison Service, it is necessary for an offender to have been convicted of an offence. For a garda to conduct an assessment and take into account the particular vulnerability of a victim of violence in a close relationship, he or she must have regard to the relationship between the victim and the offender.

The intention seems to be to amend the definition of "victim" to apply it regardless of all these factors. In the case of many provisions throughout the Bill that would create contradictions in its application.

There is a benefit to maintaining the definition exactly as it is in the directive to ensure any future judgment of the European Court of Justice will directly apply to our national legislation. The definition in the Bill has been drafted to ensure that any person who has suffered any harm as a result of a criminal offence is a victim and is, therefore, entitled to avail of rights under the Bill.

For the information of Deputy O'Callaghan, the Government amendment to section 4 will address to some extent the general concerns raised. That amendment is broader in nature and will ensure that a victim need only assert that he or she has been a victim of an offence and suffered harm. No proof is required. It is all on the side of the victim in this case. A victim need only say that he or she is a victim. That is covered in section 4.