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

A number of issues arise. First, we will look at making it compulsory for gardaí to inform the victim of the right to have an alternative if somebody is excluded. I think that is the genesis of what I am picking up here so we will look at that and come back on Report Stage. Deputy Clare Daly made a point about the alternative. There is a very slight risk that the alternative might also be a problem, for example, if it involved a family member and another family member was put in instead, so we must keep it open.

The legal capacity legislation has been passed. It provides all kinds of supports for people with intellectual capacity difficulties. That will kick in for those kind of supports, as the Chairman is aware because I am sure he dealt with that legislation in the past. I think we are all on the same page here and the points made by members are well taken. It comes down to informing the victim that he or she has a right to have an alternative person accompany them if the first person is excluded. We all agree why a person might be excluded by the Garda if he or she is not acting in the best interests of the victim, so we are all on the same page. We will look at that suggestion, as Deputies Clare Daly, Jack Chambers and O'Brien have requested.

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