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

In my many years in this House, I have heard the question of these two phrases come up again and again. I am of the view that the phrase "as soon as practicable" imposes exactly the same obligations on the authorities as the phrase "without unnecessary delay". The phrase "as soon as practicable" is preferred in the Bill as it frequently occurs in the Statute Book anyway in similar contexts, whereas "without unnecessary delay" is not to my knowledge used in the Statute Book in comparable circumstances at all. We should stick to what has been tried and tested over the decades.

I understand the rationale behind amendment No. 21 and agree in principle that the means of providing the information should be chosen by the victim. However, there may be practical obstacles to its implementation. At first contact, information is most likely to be provided through a specially designed victims information booklet and it may not be feasible for all of the detailed information contained in that booklet to be given orally. Another example would be if the booklet was not available in the desired language at the time and place of first contact, in which case providing an electronic copy might be the only option.

I am happy to consider the matter and to consult with the relevant agencies to see if a suitable amendment can be included to ensure the victim's preference is followed unless it is not possible to do so. There is something in it, so let us have a look at that one again and see where we are with it.

On amendment No. 22, that issue is already provided for in section 21 of the Bill. Section 21 explicitly requires all bodies with obligations under this Bill to ensure that all communications with victims are in simple and accessible language and take into account the personal characteristics of the victim, including any disability which may affect his or her ability to understand or be understood. That is already covered in section 21 of the Bill.

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