Dáil debates

Wednesday, 25 June 2008

Victims' Rights Bill 2008: Second Stage (Resumed)

 

7:00 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)

I welcome this debate and the fact that victims will finally be given a chance in our adversarial justice system to have their say. I welcome the Minister's proposals, two of which I will focus on, namely, the reform of the law in respect of victim impact statements and the additional protection afforded victims at the pre-trial stage.

The role of victim impact statements has grasped the public's imagination in recent years. We all recall one instance, the effect of which was to place victim impact statements in the public's consciousness in a manner it had not been previously. The Minister proposes to address the difficulties and inconsistencies in respect of those statements by broadening their scope so that the impact on victims' families and friends and other issues can be considered. I welcome that the discretionary element will also be regulated so that victims need not depend on the good will of presiding judges.

With the exception of high-profile media cases, only when people hear victim impact statements do they realise what has occurred and what the impacts of crime, beyond traditional feelings in this respect, have been on victims' families, work lives, health and ability to live. For this reason, we should allow the statements to be used in a greater fashion and far greater weight to be given to them in terms of sentencing and the post-case process. I welcome the Minister's proposal to amend the law to permit those directly affected to give evidence at sentencing and to empower courts to prohibit the broadcasting of same, as the latter has affected the fairness of justice at times.

The fact that we must introduce legislation to protect victims at pre-trial stage is worrying. In recent years, this has become a significant issue. The intimidation of victims and their family members and witnesses generally at the pre-trial stage is causing them considerable fear and has the potential to discourage them from providing evidence. The protections outlined by the Minister in this respect are necessary and should be the subject of considerable discussion. For this reason, I welcome the Minister's plans for a debate in advance on his Bill.

I welcome the Minister's decision to base many of his proposals on the recommendations of the Balance in Criminal Law Review Group, which comprised experts on the criminal system and had the ability to consider this matter without political pressure being placed on it. Those people stood back to consider the system's difficulties, international best practice and how to enshrine victims' voices and rights further in our justice system.

Since the State's foundation, the focus of 99% of criminal legislation has been on prosecutors or defendants. I welcome the Minister's willingness to introduce a Bill next spring and to resource an office in his Department to address victims' concerns and to co-ordinate all of the good work that occurs in victims groups. In this way, the work to set matters on a statutory footing can get under way without a significant delay. For too long, Deputies have bemoaned the House's lack of powers and statutory agencies' lack of responsibility. By placing matters on this level, the Minister will be in control and answerable to the House in respect of his work on behalf of victims.

I hope that the forthcoming debate will be constructive and address all types of international practice. Deputy Shatter is more than entitled to go to New Zealand if he so wishes. That is the joy of a democracy and he should not be criticised. However, we need a legislative system that places victims on a par with everyone else in the system.

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