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

Again, I thank the Deputies for the amendments and the work and thought they have put into them. These amendments aim to ensure that where a victim is accompanied either at first contact, when making a complaint or during an interview, and the Garda or officer of Ombudsman Commission excludes an accompanying person, that the victim is given the opportunity to arrange for an alternative person to accompany him or her.

I appreciate what the Deputies are aiming to achieve, but I do not see how these changes are necessary. The amendments do not appear to appreciate that, in each instance, the victim is present of his or her own volition and the Garda or officer has no power to compel the victim to stay or continue with the contact, complaint or interview. The victim is present in a voluntary capacity to get help and is not being charged with anything. The victim is at all times free to come or go and make such arrangements as he or she wishes in respect of an alternative accompanying person. If a victim wants someone else to come in, there is no difficulty with that.

The effect of the provisions allowing a victim to be accompanied is that they prevent the Garda from excluding an accompanying person without reasonable grounds. The victim has, and continues to have, at all times a right to be accompanied at first contact when making a complaint or at interview. These amendments have no actual effect other than by implication to suggest that the victim would somehow otherwise not be free to come or go or make such arrangements as he or she wished.

There is no difficulty whatsoever in a victim bringing in someone else to replace the person who has been excluded. Obviously, gardaí would have good reasons for excluding a person. We can appreciate what those might be and they are for the good of the victim at all times. The victim is free to come and go, is not under any charge or the like, can take a break at any time, etc. There is no need for these amendments in that regard. The Deputies might keep in mind that the victim is not under arrest or compelled to stay and can leave at any time that he or she wishes. Victims can make any phone calls or bring in anyone else whom they want. There is no difficulty in that regard.