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

Amendment No. 103 would require the special measures, set out in section 16, to be implemented in every case for every victim.

A tailored victim-centred approach is a central plank in the victims' directive and in this Bill. The approach requires an individual assessment of each victim to establish what, if any, special measures might be needed to mitigate the impact of the investigation or court proceedings on the victim.

However, the directive never envisaged that every victim would have one or more special measures applied to him or her. This was clear during the negotiation of the directive and in the choice of the term “special measures”, rather than a broader term such as “victim measures”.

Every response in this area needs to be proportionate. For example, our statutes already permit the video recording of evidence, in chief for children who have been victims of sexual crimes, in a special interview suite away from uniformed police officers, marked police cars and busy police stations. This is entirely appropriate for a child victim of sexual abuse. It would obviously be inappropriate and disruptive if somebody who was, for example, reporting the theft of a mobile phone were to be taken to an off-site interview suite. I think that is obvious.

A general access to special measures would give rise to unreasonable delays for other victims who are clearly in need of special measures. It would also be putting public money to a use for which, if one looks at it logically, it is not necessary. It would be better to retain the entirely appropriate level of discretion in relation to the application of special measures generally, during court proceedings or investigations.