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 Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank the members. The effect of amendments Nos. 34, 35 and 38 would be to require the Garda or Garda Síochána Ombudsman Commission to provide to a victim all relevant information relating to any significant development in investigation, regarding a decision to end an investigation and regarding a decision not to prosecute a person. The concern in this regard is that this requirement would encompass the entire Garda, GSOC and DPP case files. It may not be the Deputy's intention that the victim be provided with the entire case files relating to an offence, the amendments would present some difficulties.

The limitation on the provision of information in section 10 would ensure that much of the information could not be released as it would prejudice or preclude any future criminal proceedings. This is one consideration but there are also privacy and data protection considerations and considerations in respect of the rights of witnesses and the accused. The amendment could, therefore, be disproportionate to its aims if one were to end up in that scenario.

On amendment No. 36-----

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