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

I move amendment No. 34:

In page 11, line 30, before "information" to insert "all relevant".

As it stands, the legislation provides that victims will be provided with information, which is a little vague. We are all trying to address this issue in slightly different ways. My amendment proposes to clarify this provision by providing that "all relevant" information be provided. This relates to information that people need if they are to request, for example, a review of a decision by the Director of Public Prosecutions not to proceed with a prosecution.

Another amendment in the group provides that "sufficient" information be provided. While the word "relevant" is slightly subjective, the word "sufficient" is even more subjective. The former would provide a strong ground on which to mount a challenge in cases where there may be a suspicion that all relevant information had not been supplied. While the intention is that all information should be given, I do not believe this would be accepted by the DPP or Garda. The inclusion of the word "relevant" improves the text. The decision should rest with the victim rather than the investigating authority. Rather than the investigating authority deciding what is relevant to a person's review, the victim should make that decision.

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