Dáil debates

Tuesday, 24 April 2007

Criminal Justice Bill 2007: Report Stage (Resumed)

 

5:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

I move amendment No. 20:

In page 8, between lines 27 and 28, to insert the following:

"PART 2

WITNESS INTIMIDATION

5.—The Minister shall, by regulation under this section, make provision for identification of suspects by witnesses, victims and other persons where the suspect can be identified through a one-way screen and the identity of the witness, victim or other person can be withheld.".

I got the impression from the discussion on Committee Stage that there is approval for this approach and I want to see it put into place as soon as possible. I accept that consideration must be given to the practicalities of this matter but we must look at the principle. It is outrageous that we do not protect the victims of crime to the greatest possible extent, including during identification parades.

I mentioned a case on Committee Stage where a rape victim would not take part in an identification parade because she could not face her attacker. The obvious solution is identification using a one-way screen, where requested by the victim. In that way the identity of the victim or witness can be withheld. The amendment would empower the Minister by regulation to make provision for such an approach. Can we agree this in principle? I get the feeling from general comments that there is broad agreement on this approach, where the position of the victim is recognised.

The practicality of such an approach has been dealt with in other countries, it is not that we are trying to re-invent the wheel. Let us learn from best international practice and do something similar here. I do not believe it is necessary to have a separate room built for such purposes in Garda stations or otherwise. Portable screens may be erected and modern ingenuity is such that practical difficulties can be overcome. We are not talking about building special identification rooms in Garda stations. Perhaps that would be the wise course to take in some of the busier centres, but in general the practicalities are capable of being dealt with and I urge the Tánaiste, for that reason, to accept the amendment on the basis of empowering the Minister of the day to make whatever regulations are appropriate and necessary to introduce such a system at the earliest possible date.

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