Oireachtas Joint and Select Committees

Wednesday, 17 May 2017

Select Committee on Justice and Equality

Criminal Justice (Victims of Crime) Bill 2016: Committee Stage

9:00 am

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

Yes. We have to put it on record. We are being prevented from broadening the protection that is in place for victims of crime where other State agencies or statutory organisations are involved. We were trying to do precisely that with this group of amendments and the definition of the competent or investigating authority. That has been ruled out of order because of costs.

I appeal to the Government to look at that prior to Report Stage. It was strongly suggested by the Victims Rights Alliance that, in the context of other entities such as the Health and Safety Authority, it might bring us much closer to implementing the victims directive, which is what we are supposed to do, and have a positive effect on victims in cases where crimes are being investigated by other statutory bodies like Tusla.

The term "competent authority", which is used in the directive, is broader in meaning than that of "law enforcement authority". That is what we are seeking to do. It was not supposed to be just confined to law enforcement authorities, it was supposed to be broader. We are looking for any statutory authority which has the power to investigate and prosecute criminal offences to fall within the definition of a "competent authority" if it deals with victims who are people - natural persons and so on. I think it would be very positive. Not including those organisations prevents victims from accessing information from those organisations in a more timely and appropriate manner. I am making an appeal to the effect that the Government might include it in light of the fact that we are prevented from doing so.

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