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

Amendments Nos. 79, 109 and 115 provide that a copy of every victim assessment report must be given to the judge in the proceedings. While I have sympathy with what Deputy Daly says about the needs of the victim and how important it is that everyone is aware of them, I want to point out some of the consequences of this amendment. The concerns about it are fairly fundamental. If the assessment report were to be given to the judge, there would also be an obligation to disclose it to the defence. The Bill has been drafted very carefully to ensure these assessment reports do not become part of the criminal proceedings to prevent disclosure to the defence and any possible cross-examination of the victim regarding their contents.

Assessments will frequently contain sensitive and confidential personal information regarding the victim and his or her personal circumstances, including vulnerabilities to victimisation and intimidation. It would be very inappropriate for such information to be disclosed to the defence. These amendments provide that assessments would have to be provided to every District Court judge. Assessments may contain information on previous offences or orders relating to other previous conduct by the accused which pose a risk to the victim. If the case were a summary case, this could be prejudicial to the rights of the accused as the judge would have been provided detailed information on the victim, the offender and the offence from the victim's perspective. The Deputy can see that basic issues arise here which I am sure are not intended by the amendment. I do not think it would be right to go down that route for the obvious reasons of all that information being given in a way that could be damaging.

Amendments Nos. 108, 109 and 114 provide a right for a victim to be accompanied in court by a support worker. They mirror new provisions in the Domestic Violence Bill 2017 which make a similar provision for a victim of domestic violence to be accompanied in court when applying for a safety or barring order. However, the provision is not required in respect of criminal offences. While domestic violence proceedings are heard in camera, criminal proceedings are heard in public. As such, the victim has an existing right to be accompanied by any person or persons he or she wishes to accompany him or her during court proceedings.

There are a range of provisions on the Statute Book which provide a power for the court to exclude the public or members of the public from criminal proceedings, including section 19 of this Bill. Such provisions generally allow for a parent, relative or friend of the victim to remain in court where other members of the public have been excluded. I am not aware of any concerns relating to the ongoing court accompaniment of victims of sexual offences by support workers, which the Department funds. However, I will examine these provisions to ensure they are sufficient to ensure a support worker would also be allowed to remain in court with a victim in such circumstances.