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

I thank the Deputies for these amendments. As they stated, this group contains a number of objectives on the provision of victim support services. I will go through each amendment in turn.

Amendments Nos. 14 and 15 elaborate on what support services are to be included in the term "services" by including some types of service but not others. This might be ill advised. The term "services providing support for victims" is well enough understood in practice in the criminal justice system and among gardaí in particular not to require further elaboration. It also has the benefit of being broad enough to encompass new types of service that may emerge in future. To define in law what is envisaged by these services could also lead to one or more specialist services falling outside the definition, with potential challenges to their future funding as victim services.

The Department of Justice and Equality funds 58 services for victims of crime. Among the services provided are information, emotional support, referral to other services, counselling, accompaniment to courts, Garda stations and sexual assault treatment units.

Tusla also provides funding to a wide range of domestic violence services, domestic violence refuges and sexual violence services. Domestic violence victims can be referred on to housing authorities in appropriate circumstances. Services are provided to victims of general crime, families of homicide victims, tourist victims, child victims, victims of domestic and sexual violence, adult victims of childhood sexual abuse and victims of abuse in medical settings. Services are provided by phone and text, face to face, one to one and in groups. It is also to be anticipated in the future that some services using online methods will be developed.

I am of the view that there is a real risk, in specifying a few particular services from among the wide range of victim supports available, that we are creating a hierarchy of services which may impact the services which are prioritised for inclusion in information material and advice and, indeed, in funding.

The EU directive requires member states to facilitate the referral of victims to victim support services. This is implemented in the current legislation in section 6(1)(a), by requiring An Garda Síochána or the Garda Ombudsman Commission, on first contact with a victim, to offer every victim information on services providing support for victims of crime.

The purpose of section 6(8) is to enable a victim, with their consent, to be referred to a victim support service. This will happen regularly and at all times of the day or night, for example where a victim who has been recently raped is in contact with police. In that case, the police will usually bring the victim to a sexual assault treatment unit. In that unit, medical staff will care medically for the victim and may take forensic evidence, which will be given to the Garda. The Garda will offer to phone a rape crisis centre on behalf of the victim, with the victim's consent, and to have a volunteer meet the victim at the medical unit to provide emotional and practical support.

Amendments Nos. 29 and 30 require referrals to appropriate or specialist services. As I have already outlined, in circumstances where a victim is directly referred to a support service, that referral is to the specific specialist service, such as the sexual assault treatment unit or rape crisis services the victim requires.