Jimmy Deenihan (Kerry North, Fine Gael)

With the exception of a few disparate provisions in criminal justice legislation and policy guidelines, the area of victims' rights remains largely uncharted territory in Irish law. If accepted, the Bill would form the legal basis for the rights and treatment of victims of criminal offences, and of their immediate families. Like other Members I recognise the work of Deputies Alan Shatter and Charlie Flanagan in drafting the Bill, and the extremes to which they went to produce comprehensive legislation.

Fine Gael's Victims' Rights Bill is designed to ensure the rights of victims of crime are taken into account in the prosecution of offences. It does not deny the accused a fair trial but aims to provide fair treatment for victims. If enacted, the Bill would provide the victims of crime with comprehensive statutory rights under Irish law. If implemented, the measures in the Bill would bring about an immediate improvement to the lot of the victim. I welcome the obligations the Bill would place on the Garda Síochána to ensure victims are treated properly and also to ensure victims and witnesses are not intimidated, as that practice has become more prevalent, especially in Dublin and Limerick. The Bill will at least put the onus on the Garda Síochána to ensure that would not happen. New obligations would also be placed on the Courts Services Board, the Department of Health and Children, the Department of Justice, Equality and Law Reform and the Health Service Executive. The Bill contains a number of important features. I cannot understand how anyone could oppose the establishment on a statutory basis of the Commission for the Support of Victims of Crime. The commission was established in March 2005 on a non-statutory basis.

Reference was made previously to anti-social behaviour in the context of the Intoxicating Liquor Bill. The Bill provides for victims of anti-social behaviour. Many people around the country are victims of anti-social behaviour. We hear about such cases every day. People have to leave their homes because of anti-social behaviour. I met somebody recently who has to leave the house he bought in an estate because people on both sides of the house who live in rented accommodation cannot let him live in peace. It is difficult to fathom how one can dismiss the Bill when it addresses issues such as that, especially given that there is no guarantee a Government Bill will be put before the House in the next two years. That is totally irresponsible of the Government.

In fairness to the Minister of State, Deputy Conor Lenihan, on a number of occasions he recognised the contribution of Deputy Shatter to legislation in this House. It is a pity the senior Minister would not listen to him. It is a disgrace that some of his colleagues have come to the House and parroted the brief from the Fianna Fáil press office and had a go at Deputy Shatter. Fianna Fáil Members should give their views on the merits of the proposal. I deplore the deliberate effort to in some way insinuate that Deputy Shatter cogged the Bill from New Zealand legislation, as indicated by the former Minister of State, Deputy Gallagher. The Minister of State, Deputy Conor Lenihan, and his officials know that Departments examine legislation in other jurisdictions and persons in other countries examine our legislation. I was in that position myself when I was involved in drafting legislation in the then Department of Agriculture, Food and Forestry. That goes on all the time. The Bill may be modelled on New Zealand legislation but there is more to it than that. Surely the Minister and all the Fianna Fáil Members who lined up one after another could have accepted that.

The Bill makes provision for a range of issues that the Minister would deny victims. Fine Gael Members who speak after me might repeat the point. I asked a question today about a Bill concerning the Curragh of Kildare that was due to be introduced. The heads of the Bill were drafted in 2004 but there is no indication of a Bill being produced in the foreseeable future. In the case of victims' rights, the heads of a Bill are not even drafted. From experience, I am not hopeful of a Bill coming forward even in 2009 or 2010. If a Bill is introduced, it will contain many of the provisions contained in Deputy Shatter's Bill.

See this speech in context