Clare Daly (Dublin Fingal, Independent) | Oireachtas source

We are all trying to achieve the same thing in the three different groups of amendments. Perhaps we are doing so in slightly different ways and we may have to throw everything into the pot to come up with a compromise by Report Stage. I am not sure. In terms of amendment No. 24 and the alternative support person, Articles 3(3) and 20(c) of the directive provide that the victim may be accompanied by a person of their choice on first contact, including legal representation, but that the garda or the Ombudsman Commission can object if they believe it is not in the victim's best interest or if it would prejudice an investigation. If we are talking about circumstances where a victim's support person can be asked to leave, that could potentially leave the victim in a very vulnerable situation. I am trying to give the victim the opportunity to choose the alternative in those circumstances. The guidelines produced by the Directorate-Generale Justice on this directive state on page 42:

Only in exceptional circumstances should the possibility to be accompanied by a person of the victim’s choice be limited, and then only in relation to a specific person. If this happens, the victim should be able to choose another person.

It would be really bizarre for us to make legislative provisions for a support person or a solicitor on point of first contact, but then to leave a hole for that right to be taken away without an appeal. I know Deputies O'Brien and O'Callaghan are trying to do the same thing. With regard to Deputy O'Brien's amendment I am a little bit concerned that, based on the wording, it might be left open to the gardaí to refuse the second person. Perhaps it is not. If we are talking about the gardaí substituting a second person that could then be refused, the gardaí might then continue like that so that the victim never gets an appropriate alternative person. I wonder about that.

Deputy O'Callaghan's amendment explicitly states that the victim shall be given "reasonable opportunity" to choose someone else if an investigator deems their first choice unsuitable. Again, I am not sure. I think our amendment is probably better on this issue. We are all obviously trying to do the same thing.

Amendment No. 65 leaves no latitude in the legislation to allow the gardaí to get someone to leave a room, or to leave a victim alone at any time, without the option of a replacement or an appeal. That would be completely inappropriate as far as I am concerned. Amendment No. 76 gives the victim the choice of an alternative person at the stage of interview and medical examination if the gardaí rejected their first choice, which is not specified by the other amendments. The rationale for that is really the same as that for the other two amendments.