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

I move amendment No. 39:

In page 11, lines 38 and 39, to delete "institute criminal proceedings in respect of the alleged offence" and substitute "prosecute a person for the alleged offence".

The aim of these three amendments is to correct and clarify the provisions relating to a victim’s right to information on, and a review of, a decision not to prosecute a person. The existing text of section 7 on the provision of information provides that a victim shall receive, on request, information on a decision not to institute criminal proceedings. There are two difficulties with this. First, the words "criminal proceedings" have a different meaning in the directive, where they apply to the investigation and the court proceedings, from that understood in this jurisdiction, which could give rise to confusion. Second, section 7 does not provide for a victim to receive information where a decision is made to prosecute but that prosecution does not proceed or is withdrawn. Section 8, rather confusingly, refers to a review of decision not to institute or proceed with criminal proceedings.

Amendment 39 replaces the term "institute criminal proceedings" with "prosecute a person", which is much clearer. Amendment 40 inserts a new paragraph into section 7(2) to ensure a victim receives information on a decision not to proceed with or to withdraw a prosecution. It is giving the information to the person in those circumstances.

Amendment 54 again replaces the term "institute criminal proceedings" with "prosecute a person". It also deletes the reference relating to a review of a decision not "to proceed" with a prosecution. This is because the decision to end a prosecution is not suitable for review, as the decision itself cannot be reversed.