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

Section 21(1) states that persons who are involved "shall, when dealing with a victim ensure that any oral or written communications with the victim are in simple and accessible language and take into account the personal characteristics of the victim including any disability, which may affect the ability of the victim to understand or be understood". The issue is dealt with there in the sense that there is an obligation to take into account any capacity issues and respond to them appropriately when dealing with a person, in order that they understand it take into account any disability. It comes under the section entitled "Communication, interpretation and translation". That certainly deals with the issue of being sensitive to the personal characteristics of a person or any disability her or she may have.

The other point is that under the assessment of a victim, there is also a description of any requirements to be taken into account, which include the personal characteristics of the victim including his or her age, gender, health and so on. I will not go through it all, but it deals with disability. I can take the issue which the Chairman has raised and see whether there is a need for any further provision in respect of the obligation to communicate and whether we need to elaborate it any further in respect of the circumstances which he has described, or whether we feel that these two sections capture the Chairman's concerns. I certainly believe it is there in a broad sense. I think the Chairman's query is whether anything more specific is required to make sure that it happens and appropriate action is taken.