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

I agree with that. This amendment is necessary precisely because those at the coalface are not referring people to, or making them aware of, some of the services that exist. If we are serious about consultation we have to deal with the viewpoints of people who deal with victims on a daily basis, particularly the most vulnerable victims of sexual violence. Their experience suggests that this amendment should be included. Our amendment to change "may" to "shall" has been ruled out of order. Only the Minister can do that but the directive is very clear on the matter. It states that member states shall ensure that victims, in accordance with their needs, have access to these types of support services. The word "shall" has to be there, even if we cannot put it in. The fact that we mention some supports does not mean others are excluded and appropriate specialist services are incredibly important, because this puts the onus back on gardaí. It would be inappropriate to refer a victim of domestic violence to a psychotherapist or to refuse to refer somebody but the Act, as currently constructed, could allow for both of these. It leaves a gap and we should close that gap. We should take the advice of those who work with the most vulnerable victims in this area

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