Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I oppose the section because it limits the right of victims of crime who are currently in the criminal justice system. The directive came into effect in Ireland in 2015, even though we have not enacted the legislation to give effect to it. While it should not be retrospective, limiting the rights of victims so that it only applies to criminal proceedings initiated after the Bill comes into force means that victims who are currently in the criminal justice system will be prevented from exercising their rights. In that sense, it probably creates a two-tier system of criminal justice and could be in breach of the victims directive given that the latter applies to all victims, not just those whose cases were initiated after a certain date. It would be a bit unfair that some victims would have access to supports that would minimise the risk of secondary victimisation, including testimony aids, victim impact statements and special protection measures, but others would not. I seek to remove the section to ensure that a two-tier system does not exist.

In terms of people looking for information and the point made by Deputy O'Callaghan about historical cases and information from the DPP as to why a decision was taken not to proceed with a criminal prosecution, there are people out there whose lives have been ruined by unanswered questions as to why a prosecution did not take place. Some people carry this burden for a very long time. I would have no problem with them getting that information and the DPP providing it. There should be transparency.

The lack of transparency in the DPP's office is something that people find difficult to take. It has revictimised many people who have not received answers about horrendous crimes committed against family members, including death.