Michael McGrath (Cork South Central, Fianna Fail)

I very much welcome this opportunity to speak on this Bill proposed by Fine Gael during Private Members' time. I wish to make a number of main points which are relevant to the debate.

There is a need for a serious rebalancing of rights in the criminal justice system away from the criminal and in favour of the victim. That should be our starting point and the central point of the debate on some of the detailed proposals made by Fine Gael Members and by the Minister in his announcement last week.

The principal right that victims should have is for the perpetrator of a crime against them on conviction to be given a fair and just sentence appropriate to the crime he or she has committed. In my view and in the view of many victims too often that is not the case and sentences do not match the severity of the crime that has been perpetrated. When victims see criminals with multiple previous convictions for serious crimes receiving suspended or very short sentences, many of them lose faith in the criminal justice system. It is not the function of this House to determine sentencing policy except where legislation provides for minimum, maximum or mandatory sentences in certain cases. I feel compelled to make that point because many victims' dissatisfaction with the criminal justice system lies in the sentences being handed down by the Judiciary.

I welcome very much the Minister's justice for victims initiative, which he announced last week and which I genuinely believe is a more comprehensive, reforming and far-reaching response to the needs of the victims of crime than the Bill before us. No political party has a monopoly on concern for the rights of victims, whether it be Fianna Fáil, Fine Gael or any other party. It is open to any party in our democracy to put forward proposals for victims' rights. Fine Gael has tabled this Bill, the Minister outlined his detailed proposals last week and the House will decide on the Bill tonight.

I support very much the Minister's proposal to introduce a substantial legislative reform package next spring based on the 2007 report of the balance in the criminal law group, also known as the Hogan report. Many of the initiatives that are required urgently to assist victims can be implemented without legislation and may proceed now. That is the route we should follow.

The administrative package the Minister is proposing, in line with the Commission for the Support of Victims of Crime's framework document, will be implemented prior to legislation, including the new executive office in the Department to support crime victims, the reconstituted Commission for the Support of Victims of Crime and the victims of crime consultative forum.

The Minister's proposal to end double jeopardy makes eminent sense, particularly where evidence emerges of interference in the trial process or where new evidence can emerge a number of years subsequent to a trial, which changes the whole interpretation of the evidence that was put before a trial. We have seen the emergence of DNA technology and the improvement in the assessment of evidence and we should incorporate that into the trial process.

I welcome also the victim impact statement reform that the Minister will introduce and the right of a next-of-kin in homicide cases, for example, to issue a victim impact statement as part of the trial. Victims should be given more information before their case is even sent to the Director of Public Prosecutions. As Deputy Rabbitte argued earlier, more information must be provided to victims while crimes are being investigated and before they reach court. People find it frustrating when they report a crime and cannot subsequently obtain any information on the processing of their complaint. This issue must be addressed. I agree with Deputy O'Connor's remarks on the National Commission on Restorative Justice, which will report next year. Restorative justice is an evolving area which we must examine closely. I look forward to a comprehensive debate on penal reform.

As legislators, we would be perpetrating an injustice towards victims if we approved an incomplete and inadequate response to their needs, as represented by this Bill.

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