Charles Flanagan (Laois-Offaly, Fine Gael)

I thank the Ceann Comhairle for allowing me to raise this matter of great importance arising for the most part from a recent case which has once again adverted to the lack of importance placed on the role of the victim in the criminal justice system. It is true to say that over the years the victim had few or no rights in this system. In 1993, the introduction of the victim impact statement was a most welcome development. For the first time it gave victims — or in manslaughter cases, their families — an opportunity to articulate how a crime had affected them. The victim impact statement empowers victims or their families, allowing them to play a part in the administration of justice, rather than forcing them to be mere passive observers. Fine Gael has been pushing for some time for greater rights for victims. Earlier this year, we published a Private Members' Bill which aims substantially to enhance the rights of victims within the criminal justice system. I am hopeful that the Bill will receive cross-party support when it comes before the House later this year. In the interim period, however, the conclusion of the Kearney case this week has thrown up important issues that the Oireachtas must consider urgently.

The late Siobhán Kearney's family did not have an opportunity to read out their victim impact statement in the court because the law does not facilitate such a procedure in murder cases. The rationale here is that the victim impact statement should help the judge to determine a sentence where he or she has discretion. In murder cases there is no discretion because a mandatory sentence applies, so some would argue that a victim impact statement is unnecessary. I disagree with this approach, however, as do my colleagues in Fine Gael. We believe that the victim impact statement fulfils a greater role than just informing the judge. A victim impact statement is an important opportunity for victims, or their families, to stitch into the public record the impact that a crime, as committed, has had on their lives. The statement plays a vital role in helping victims and their families to find closure on a horrific experience. It is an inclusive measure that transforms victims or their loved ones into participants in our criminal justice system, rather than forcing them to be passive observers.

Would it have made a difference to the sentence handed down to Brian Kearney if Siobhán's family had been allowed to make a victim impact statement? The answer is "No", but it would have made a difference to her family. This is evidenced by the fact that her family felt the need to read their statement outside the court. They wanted their voices to be heard and, indeed, today's papers gave the statement much coverage. In my view it is most regrettable that the Government has failed to recognise the value of victim impact statements. There must be more to such statements than mere process and procedure. Victim impact statements are about making our justice system inclusive and humane.

Fine Gael is calling again on the Minister for Justice, Equality and Law reform to take these issues on board. I hope the opportunity that now presents itself will not be ignored by the Government.

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