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 Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I would like to briefly address this amendment. I addressed a related query to the Minister of State, Deputy Stanton, when he was here regarding the capacity of the victim. I see a situation here where I can address this matter again. The Minister is talking about the views expressed by the child. There are situations where, irrespective of the age of the individual, he or she is regarded as a child for life. I am speaking of people with Down's syndrome or other such intellectual disabilities which affect their capacity to properly present. It is all very well to refer to capacity legislation, but should there be reference to provision in respect of a situation where the victim is indeed someone of adult years but who nevertheless, because of their reduced ability, is unable or incapable of fully engaging on their own? Accompaniment was the first question put to the Minister of State, Deputy Stanton. He did not address it satisfactorily from my perspective. In respect of amendment No. 107, is this something the Minister feels is covered or does it require further address?

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