Charles Flanagan (Laois-Offaly, Fine Gael)

I welcome the Bill on behalf of the Fine Gael Party. Measures to reform the criminal law procedures are overdue, particularly in view of the fact that three years have passed since the review group on the balance in the criminal law - the Hogan committee - presented its report to the Government. I join the Minister in complimenting the Hogan committee on its good work. I also join him in complimenting the chairman of that committee, Professor Gerard Hogan, who was probably the chief architect of its report. In that report, the group states, "Some element of re-balancing of the existing rules is required to enable the courts to arrive at a just and fair result in criminal cases". That is the basis on which we, as the legislators who introduce the rules and regulations that are interpreted by the courts and lawyers, wish to proceed.

Many legal rules were developed prior to the universal availability of legal aid in criminal cases and for those unable to pay for representation out of their own means. The report also states:

In addition, some jurisprudence since the 1960s has had the effect of extending the protections available to defendants, including the development of an extensive exclusionary rule where evidence is generally excluded where the accused's constitutional rights have been infringed. Criminal defendants now also have the benefit of statutory human rights protection under the European Convention of Human Rights Act 2003.

The group concluded that these and other developments may have had the effect of gradually tilting the balance "in favour of the criminal defendant". I welcome the Minister's response to the assertion on the part of the expert group that a serious problem existed within the criminal justice system. It was alarming and significant that the group formed the view that the balance had tipped in favour of criminal defendants. What we and the Minister need to do is, in furtherance of the common good, tilt the balance back in favour of victims.

It is clear that there is a pressing need for reform. The Bill reflects many of the recommendations made by the review group. In general, the Fine Gael Party is in favour of the Bill. I am pleased the Minister has accepted the argument from those on this side of the House with regard to the need to provide, in certain circumstances, meaningful rights for the victims of crime and their families.

Last year, Deputy Shatter and I brought forward the Victims Rights Bill. I regret the fact that the Minister did not take the opportunity to deal in a more comprehensive way with many of the provisions contained therein. During the debate on the Bill to which I refer - I reiterated the point last week - I stated that those of us on this side of the House do not profess to possess any great measure of expertise. We do not have access to the same level of support - legal or otherwise - as that which is available to the Minister from the Attorney General and officials in his Department.

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