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

Amendment No. 37 is Deputy O'Callaghan's amendment. I see what he is getting at. It is very subjective and would require the Garda, the Garda Síochána Ombudsman Commission, GSOC, or the Director of Public Prosecutions, DPP, to know what information would, in any particular case, be sufficient for that particular victim to make a decision whether to request a review of the decision not to prosecute. It is a subjective decision for them to make. As the decision not to prosecute is what may be reviewed, a summary of the reasons on which the decision not to prosecute was made is probably the appropriate information to give to a victim in the circumstances and will provide a sufficient basis in the majority of cases to decide whether to seek a review.

Referring back to amendments Nos. 34, 35 and 38, the issue is with "all relevant information". If it were "relevant information", we could come back on that. Including the word "all" assumes all those details I am suggesting and could end up being problematic because they could prejudice criminal proceedings and could breach privacy and data protection. We can come back to it on Report Stage if Deputy Daly wants to consider that.

I would be interested in Deputy O'Callaghan's views about the points I made about the subjective decision-making his amendment implies. I do not have a huge difficulty with it, but just make that point.

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