Clare Daly (Dublin Fingal, Independent)
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I move amendment No. 9:

In page 8, line 16, after "offence" to insert the following:", regardless of whether an offender is identified, apprehended, prosecuted or convicted and regardless of the relationship between the offender and the victim".

This amendment is also about transposing the victims directive. It gives the definition contained in recital 19 that a person would be considered a victim regardless of whether an offender is identified, apprehended, prosecuted and so on. The purpose is to ensure that the services for victims provided for in the Bill would not be dependent on a victim making a formal complaint or an offender being prosecuted or convicted.

This is particularly important when we consider the Garda Inspectorate reports on sexual violence. There have been repeated instances of gardaí being called out to a domestic violence situation and things being said such as, "Ah sure, there's two of them in it" or "Don't annoy him. He won't come back." Those comments are wholly inappropriate. It is like saying, "Move on - nothing to see here", and then serious assaults being committed after that and great difficulty in the victim making a statement.

Having this wording in the Bill would place an obligation on gardaí and also give supports to victims. The Garda Inspectorate reports refer to other unsolved cases of sexual assault where victims were subjected to pressure from gardaí to either make a statement or drop it, in which case they would not be beneficiaries of the Bill even though they are clearly victims. This is about giving them the support they clearly need and specifying that in a manner as provided for the directive.