Pat Gallagher (Donegal South West, Fianna Fail)

Tá áthas orm deis a fháil labhairt san díospóireacht fíor-thábhachtach seo. Léigh mé an méid a bhí ag an Aire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí, An Teachta Dermot Ahern, sa Teach aréir agus molaim go mór na moltaí atá aige maidir leis an cheist seo.

I welcome the opportunity to participate in this important debate. I welcome the Minister's confirmation of his introduction next spring of a substantial package of proposals. They will be of benefit to the victims of crime because they will reform the law relating to victim impact statements and introduce exceptional measures to allow cases to be re-opened, subject to appropriate safeguards. The package will introduce measures to restrict unjustified and vexatious imputations at trial against the character of the deceased or incapacitated victim or witness. They will facilitate additional protection for victims on pre-trial stage as referred to by my colleague, Deputy Calleary. I am pleased to note that the package will include the provision of any necessary statutory protection that will facilitate the DPP's intention to alter his practice of not giving reasons to victims for decisions not to prosecute.

Currently, victim impact statements set out how incidents affected the victims or their families. The victim is not legally represented at the trial. Rather, the Garda prosecutes the defendant on behalf of the victim. The only part played by the victim or his or her family is to make the statement and to give evidence to the prosecution or by way of direct evidence. The victim impact statement is read by the presiding judge, who may or may not take it into consideration.

I will refer to the Minister's planned legislative package for victims. His dual approach — legislation and administrative measures — is to be applauded, as it will improve a victim's experience of the criminal justice system. How many victims entering courts have knowledge of the system? The approach will assist them in holding the perpetrators of serious offences to account for their actions. This is not just of interest to victims, but to the wider community. The Minister's approach will achieve this without involving the criminal justice agencies in the bureaucratic nightmare that would result from the House's acceptance of Fine Gael's Bill, the New Zealand Victims' Rights Act 2002.

If we compare New Zealand's Victims' Rights Act 2002 with the Bill introduced by Deputy Shatter, who has had the distinction of having had some Bills agreed on Second Stage, we certainly cannot agree this Bill because most of the sections are similar, exactly the same or have a great deal in common——

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