Dermot Ahern (Louth, Fianna Fail)

As I understand it, the provisions put forward by the Deputies, particularly under section 16(2) of their Bill, place no restrictions on the type of offences involved in the case where written evidence or submissions on the impact of the crime on the victim are to be heard in court. I am concerned that the obligation being placed on both the DPP and the Garda Síochána to prepare victim impact statements in the sentencing of offenders generally is too broad and would slow down the prosecution process.

There are a range of other issues which need to be fully examined and researched before expanding and consolidating the use of victim impact statements within a statutory framework. Victim impact statements fulfil a number of roles relating to the sentencing process and the important aspect of victims having their say. More extensive changes, beyond the justice for victims initiative regarding the victim impact statement provisions should await the deliberations of the Law Reform Commission.

Section 8 of the Bill obliges the agencies of the criminal justice system to provide information to all victims and not just to those who ask for it, which is the requirement under the European framework decision on the standing of victims in criminal proceedings. This would place an onerous obligation on the Garda and DPP to keep victims informed at all stages of the criminal process, which would be unworkable and would have significant resource implications. To be workable, the Bill would need to differentiate between serious offences and minor offences, which it does not do.

Furthermore, I am not convinced that the level of detail set out in section 8 dealing with the information to be given to victims is appropriate to legislation. Almost all of the provisions are contained in the victims' charter and in view of the constant need to improve, develop and enhance the level of detail involved, this area is a primary candidate for listing outside of primary legislation. The requirement that all victims of all offences, including victims of anti-social behaviour offences, be informed of every aspect of the investigation and prosecution of an offence, including explanation of a decision not to prosecute, goes far beyond the requirements of the European framework decision. I accept fully that victims have a legitimate expectation to be informed about services available and about the progression of a case. To that end, I am asking the Commission for the Support of Victims of Crime to explore with the agencies involved how the needs of victims in regard to information might best be met.

The requirement to give reasonable prior notice of the intention of the parole board to review the case of a convicted offender for parole and to make submissions to the parole board is already available to those victims who ask for this and, as I said above, the issue of the victim impact statement being available at the parole stage, as recommended by Dr. Hogan, will be addressed in the Government Bill. In addition, the book of evidence is now available to the parole board. The requirement to be given reasonable notice of a convicted offender's escape or early release is also already available to those victims of serious offences who ask for it.

A significant part of the Private Members' Bill relates to the provision for a statutory Commission for the Support of Victims of Crime. The sections outlining the tasks of the commission are useful as a checklist and I have no difficulty with them in principle. However, on taking office I was presented with the Commission for the Support of Victims of Crime framework document, which I have just published. It is my intention to implement these recommendations immediately in their entirety. They do not seek the establishment of a statutory agency. However, in light of the recent OECD report, Towards an Integrated Public Service, I do not want at this stage to establish a statutory office but rather to meet this function through an executive office within my Department, which will also have the role of providing the secretariat. Despite its stated policy on the proliferation of statutory State bodies, Fine Gael is calling on us to establish yet another statutory authority and yet people such as Deputy Varadkar and others are abusing the Government over statutory agencies.

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