Éamon Ó Cuív (Galway West, Fianna Fail)

I remind Deputies of the general position, which I set out earlier, and the respective contributions that can be made by legislation and otherwise towards meeting the genuine needs and concerns of victims. This applies also to the current set of amendments. I will not labour the point but will make a few observations on the proposals included in this group.

At first sight these amendments seem worthwhile, with much to recommend them. If implemented, they would provide for a complete and comprehensive flow of information to the victim about developments at all stages of the case, including the outcome of bail applications; parole, temporary release or escape of the offender; hospital stays by the offender; or deportation, if applicable. In addition to the proposals on information to be supplied about progress in the case and other matters, there are a number of sections dealing with the appointment of a victim's representative and, in amendment No. 20, a representative of the representative.

While elaborate and seemingly comprehensive, the whole edifice is deeply flawed and built on weak foundations. There are two major difficulties. First, the same arrangements are to apply regardless of the nature or seriousness of the offence. Second, the services are to be made available irrespective of whether the victim in question has requested or feels any need for them. Surely we should differentiate between types of offences with greater emphasis on particular types. We should also establish whether the victim actually wants to receive the information and show sensitivity and respect for his or her views.

This group of amendments lacks focus and the Deputy has not established that they serve an actual need. It, therefore, would be wasteful of time and resources if the proposed arrangements were to be put in place. I must point out that the Garda Síochána has developed systems for keeping those who need information informed, including family liaison officers. In addition, the prison service regularly supplies information to victims about the movements and release of prisoners. The critical point about that service is that it is driven by the victim. It is the victim who initiates the process and asks for the information. That is how it should be.

By way of confirmation, I will quote Article 4.2 of the European Council framework decision on the standing of victims in criminal proceedings, which states in clear and simple terms that member states shall ensure that "victims who have expressed a wish to this effect are kept informed" of developments. I have already mentioned a useful address delivered recently in Cork by the Director of Public Prosecutions. His independent and clear statement of the actual position set the record straight on the level and nature of information services available to victims.

I note that these amendments are taken from the Victims' Rights Bill 2008, a Private Members' Bill introduced by Deputy Shatter and rejected by the House. The amendments may have had context in that Bill but now they are at large without, for instance, the necessary definitions for terms used. I will give an example. In amendments Nos. 13 and 14 there are references to "a victim to whom this section applies", but we are given no help in discovering who that might be. Terms such as "parole" and "temporary release" are used interchangeably, although they have precise meanings and are defined in statute. They should be used with care and in their proper context. I also point out with regret, and to underline the unsuitability of these amendments, that the recent change in the Department's name is not reflected in them.

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