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 Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

I understand where the Minister of State is coming from. Where certain crimes are involved, for example, domestic violence, gardaí might be concerned that a family member who is accompanying the victim is coercing him or her in the complaint or during the interview stages, so I understand why gardaí might ask that individual to leave. However, if the person is a support worker from the Rape Crisis Centre or the person's legal representative, I do not understand why the gardaí would ask that person to be removed. Perhaps the Minister of State will outline under what circumstances a legal representative who is accompanying a victim to make a complaint or during the interview stages could be asked to leave. That would be helpful.

Even if there is good reason for that individual to be asked to leave, nowhere in the legislation is the victim required to be given the reason or rationale for that. Will the Minister of State examine this matter for Report Stage? It would probably be rare for a legal representative to absent himself or herself, but the victim should have the right to know why that individual was being asked to leave. Given we are transposing a directive that is concerned with putting the victim at the centre of everything, it is only appropriate that if a victim makes a complaint and is accompanied by a support worker or legal representative who is then asked to leave, the victim has every right to know why, but nothing in the legislation entitles him or her to that information. The Minister of State might comment on scenarios in which this might happen.

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