Michael Kennedy (Dublin North, Fianna Fail)

I welcome the opportunity to contribute to this debate. I echo my colleagues' comments on the sentiment behind this Fine Gael Bill. Whatever the difference of opinion on either side of the House as to the best way to approach the provision of victims' rights, we are all agreed that victims of crime deserve to be protected in the best way possible. We all seek to achieve the same end, which is to improve the position of victims of crime within our judicial system and in line with our Constitution.

Thankfully, so far as I am aware, few Members have been the victim of serious crime, but we can all appreciate the hurt, trauma and terror experienced by those who have. However, I share the Minister's view that while admirable in its intentions, the Fine Gael Bill is not sufficient to deal with this serious issue. Nor, in some cases, is it appropriate. When compared with the Government's legislative proposals as contained in the justice for victims initiative, this Bill pales in its failure to advance appropriately far-reaching and practical changes. This was illustrated in 2002 when the same Bill was struck out, only to be replaced by this minimally amended version.

I urge Members to await the legislation being drafted by the Government, which will be introduced next spring. The legislative proposals arising from the framework document prepared by the balance in the criminal law review group, including the proposal to create a victims of crime consultative forum, are far more comprehensive than those before us. The increased rights proposed in the Government's legislative proposals balance the needs of the victim without interfering with the fairness of the trial process to which the accused is entitled.

The report of the balance in the criminal law review group includes the following proposals: to reform the victim impact statement system and to extend it to families of victims of homicide and those affected by the offence; to empower the courts to prohibit the broadcasting or publication of statements deemed to be inappropriate; and to allow for the reopening of acquittal cases where the acquittal arises from mistakes made during trial by the judge. The report also proposes the provision of greater powers to protect victims at pre-trial stage, with judges being empowered to order the accused to refrain from contacting the victim and his or her family, thus preventing any possibility of intimidation or interference. We are all aware of recent high profile cases in which that type of intimidation occurred.

Further consideration is being given to extending the scope of victim impact statements. However, I agree it is safer to await the Law Reform Commission's deliberations in this regard. In addition to the newly reconstituted Commission for the Support of Victims of Crime, there is provision in the Government's upcoming Bill to establish two new organisations. A new executive office within the Department of Justice, Equality and Law Reform will administer and distribute funding to interest groups, as well as contributing to strategy in regard to crime victims. In addition, a victims of crime consultative forum will liaise with the commission and represent victims' interests.

The proposed Government Bill is far more wide-reaching and appropriate than the Bill before us. Moreover, the Fine Gael Bill is completely inappropriate in parts. I refer specifically to the provisions relating to the Director of Public Prosecutions, namely, the proposal that the DPP must inform the victim before accepting a lesser plea and explain the reasons for doing so, and the proposal that the DPP must consult with victims before granting bail. I do not have time to deal with all the main elements of the Fine Gael proposal. I reiterate that the Government proposals are far more wide-reaching and should be supported.

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