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

It is a good point that the person is there of his or her own volition, but he or she is there to access support services. We are making provision for the fact that victims are being provided with the legal right to have a person or solicitor present while accessing support. When removing that right, there should be a fallback. This is about choice for the victim. I understand what the Minister of State is saying, but this is meant to ensure the spirit of the directive and that the victim's choice should only be removed in very limited and specific circumstances. In a domestic violence situation, for example, we would understand gardaí suspecting that a family member might be present in a coercive rather than supportive way, but there needs to be some protection if the victim has a solicitor whom the gardaí do not like because he or she is perceived as being of a certain type or whatever. While it is true that the victim can walk out and does not have to stay, we are designing this Bill in order that people can get support. We want them to get that support. We do not want them to walk out and leave. This provision should be considered in some form. I am not saying which of the three attempts achieves it, but we must do something that is different.

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