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

I move amendment No. 10:

In page 9, before line 1, to insert the following:"Application of Act

4.(1) The provisions of this Act shall not apply to a decision referred to in section 7(2)(c), (d), (e)or (f)* which is made before the commencement of the provisions concerned.

(2) The application of this Act is not dependent on the commission of an offence having to be established (nor is it dependent on establishing whether the person concerned suffered any harm caused by an offence).”.

Amendment No. 10 substitutes a new section 4 that contains two principal changes. The amendment removes the general limitation on the application of the Act in respect of criminal proceedings that are instituted before the commencement of the Act. I am satisfied that the very few provisions in the Bill which if applied to existing criminal proceedings could potentially compromise those proceedings are adequately safeguarded by an interests of justice test within those proceedings. The second change is the inclusion of a new subsection (2), which provides that it will not be necessary to prove that an offence was committed or that harm was suffered in order for the legislation to apply. The purpose of this amendment is to clarify that it is sufficient for a victim to assert that he or she has been the victim of an offence and has suffered harm to avail of the rights provided and no proof will be necessary.

Amendment No. 139 amends section 26 to assert the same proviso into the Criminal Evidence Act 1992 to ensure that a prosecutor will not have to prove any elements of the offence or the harm suffered as part of an application for special measures on behalf of a victim. Amendments Nos. 137 and 138 are consequential amendments required to amend the shoulder note and numbering in section 26.