Dermot Ahern (Louth, Fianna Fail)

The framework decision identified a number of rights for victims as follows: the right of the individual to be treated with respect for his or her dignity; the right to provide and receive information; the right to understand and be understood; the right to be protected at various stages of the proceedings; and the right to have allowances made for the disadvantage of living in a different member state from the one in which the crime was committed.

There are serious practical and technical difficulties with some of the provisions of the Fine Gael-New Zealand Bill before us. The requirement not to accept a lesser plea without informing the victim and explaining his or her reasons would seriously encroach on the independence of the DPP. Similarly, placing a requirement on the DPP to consult with the victim on the grant of bail, in cases of serious sexual and violent assault, and the requirement to inform the court of the victim's views would impact on the DPP's independence and may have constitutional implications.

The sections relating to victim impact statements purport to provide for their more comprehensive use. Section 5 of the Criminal Justice Act 1993 provides that a court must take into account the effect of a crime on a victim and allows it, where necessary, to receive evidence or submissions about the effect of that crime in the case of serious violent and sexual offences. A victim is also allowed to give oral evidence in the matter. The reform I announced last week will address the long-standing criticism of the existing statutory provisions, namely, that they should not be restricted to the direct victim only but should apply to other categories of persons affected by the crime such as, in the case of a homicide, the immediate family members of the deceased victim.

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