Brian Lenihan Jnr (Dublin West, Fianna Fail)

I indicated that I preferred not to comment on the matter at the time of the controversy and I welcome Deputy Flanagan's tabling of this question. I do not propose to introduce legislation which will penalise a victim in any way. I understand the reason for Ms Justice Macken raising that possibility but I am not disposed to doing that. An examination is being conducted of two of the legal principles involved in particular. One relates to the definition of who is a victim for this purpose. The current arrangement contains a narrow definition of the direct victim. There is a case for expanding the definition of victim to include other persons intimately affected by the crime. This is frequently the case in a homicide case where the victim by definition is unavailable but a close relative can be permitted to make or provide a statement.

With regard to the inappropriate use of statements, the review group suggested that publication and circumstances might be restricted at the discretion of the court and I believe this is a matter we will have to consider.

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