Ms Nadette Foley:

This submission has been prepared on behalf of Facing Forward by Barbara Walshe, Niall Counihan and me. Facing Forward was established in 2005 to support the introduction of restorative approaches based on best practice that have emerged in other countries. We very much welcome the heads of the criminal justice (community sanctions) Bill for a number of reasons. First, it is an important step in fulfilling the recommendation of the National Commission on Restorative Justice to place restorative approaches on a statutory footing. Second, it takes into account the needs and interests of the victim and offender, places them on a statutory basis and requires the consent of the victim for the payment of reparation and-or a restorative intervention with the offender.

Facing Forward’s approach to restorative justice is based on three questions. Retributive justice asks what law was broken, who broke it and how do we punish those who broke it. Restorative justice asks what harm was done and to whom, what needs have arisen based on this harm and whose obligation is it to meet these needs. Internationally, where restorative practices are embedded within criminal justice systems, they are only one part of a wider restorative approach in communities, schools and throughout society. Facing Forward recognises the ripple effect of crime at all levels of the community and wants to encourage and support the adoption of a more restorative approach generally.

The Restorative Justice Council in the United Kingdom has a best practice document that sets out a number of key principles. These are that the primary participants in any restorative process are the individual who has been harmed and the person responsible for the harm. In addition, there should be some level of agreement about the essential facts of the incident and an acceptance of responsibility by the person who caused the harm.

I now propose to address the heads of the Bill. Facing Forward welcomes the provision in head 8 for a "limited and specific restorative justice approach in relation to District Court criminal proceedings for minor offences".

On section (4) of head 9, the explanatory note reads "reparation means financial reparation, any other form of reparation, or both". However, the examples provided in the head are purely financial. Facing Forward urges that the possibility of encouraging victims and offenders to consider reparation in its widest sense be incorporated more fully in the final version of the Bill to respect the different interests and needs of individual victims in the spirit of the European Union victims' directive.

The heads do not specify the precise mechanism by which the victim's consent is to be sought. Facing Forward recognises that certain victims may have suffered considerable trauma and harm and have safety concerns. For this reason, their overall needs beyond the consent issue must be taken into account and responded to appropriately. To comply with the EU victims' directive, when a garda or other professional contacts a victim to ascertain whether or not he or she consents to a reparation order being made, the garda or professional may also need to assess the victim's additional needs and refer him or her to victim support agencies.

Facing Forward ask that the process to be outlined in the Bill of seeking the victim's consent specify offering information to the victim on wider restorative possibilities, within the limits of the context of summary offences. The restorative element could be strengthened by giving a victim time to consider not only if he or she wants reparation but also what reparation means to him or her. For some victims, this may simply be the cost of damage done or medical expenses incurred as a result of the offence, while for others additional possibilities may arise.

Wider communication with the victim could allow victims to explore their interest in communication of any sort, indirect or direct, with the offender. Such communication would need to be carried out promptly as the purpose of this mechanism is to enable offenders to put the summary offence behind them. Would it be appropriate for victims who consent to reparation to be given the option of attending the summary hearing in the District Court to hear the offender accepting responsibility for the offence and the harm caused and confirmation of the reparation arrangement?

Head 10 refers to the "need to have due regard to the interests of any victim of the Offence". This relates to the EU victims' directive which recognises the need for the victim to play "a key role in criminal proceedings". Facing Forward would like the Bill to include reference to the needs of "victims with specific protection needs", as obligated by the directive. This category includes all victims under 18 years, victims of sexual crime and victims of hate crime. The directive also encourages states to introduce codes of conduct or guidelines for professionals who are in contact with victims.

Facing Forward asks the joint committee to consider in detail a number of issues, namely, the "specific protection needs" of certain victims and how these will be met within the Bill, for example, considerations around language, age, gender, literacy, culture, ethnicity, mental health or sexual orientation and the specific training needs required to address these considerations; the issue of giving victims information on further restorative possibilities for communication between them and the offender, for example, a range of options which could include a facilitated meeting between the victim and the offender if it was requested; the possibility of informing victims of the option to be present at a District Court hearing where the offender accepts responsibility for the harm. In addition, direct input by victims into the nature and extent of the reparation process and-or the potential to engage in a restorative session with the offender if required should be considered; and the need to conduct public awareness work to ensure widespread understanding of the benefits to victims, offenders and society of introducing restorative justice approaches in the criminal justice system.

I thank members for the opportunity to present to the meeting. We will be pleased to answer any questions they may have.