Dáil debates

Wednesday, 25 June 2008

Victims' Rights Bill 2008: Second Stage (Resumed)

 

8:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

The current charter, published in 1999, was to be reviewed by the Minister's commission. It has been reviewing it since 2005 but there is no explanation why an updated charter has not yet been published either for discussion purposes or to be implemented.

The Minister is opposed to the provision of a complaints system. Where victims' rights are not properly addressed and dealt with, the Minister does not want any investigation or report produced, and he is opposed to the introduction of transparency within the criminal justice system in that way. Thereby, where gardaí, the prosecution authorities, the Courts Service or the HSE get it wrong in providing the type of service that Deputy Enright discussed this evening for rape victims, the Minister is opposed to ensuring that is investigated and a report produced so in future it is put right and the same mistakes are not repeated.

The Minister is opposed to the creation of a statutory obligation to inform all victims of an application made to the parole board by a convicted offender for early release and he is opposed to enabling and extending the right to all victims to make a submission to the parole board. He is opposed to the creation of a statutory obligation to inform victims when an offender escapes or is being released. He is also opposed to the imposition of a statutory obligation on the Director of Public Prosecutions to explain to victims of crime the reason for not initiating a prosecution in a case affecting them or the reason for accepting a guilty plea on a lesser charge than the one originally prosecuted.

These are rights that victims of crime have in the United Kingdom, where the Crown Prosecution Service has created a protocol and procedures and they are reflected in legislation that is enacted there. The Minister wants to deny to victims of crime in this State not just rights that victims of crime have in New Zealand but rights they have in many states in the United States, in many parts of Australia, in the United Kingdom and in many European Union countries.

The Minister has promised that next year he will introduce legislation to confer a statutory right on bereaved family members of a homicide victim. As I said earlier, he has promised to introduce legislation on that specific area which is directly replicated and contained in the Fine Gael Bill. I would not be so asinine or foolish——

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