David Stanton (Cork East, Fine Gael) | Oireachtas source

I listened with interest to what Deputies had to say about the Bill over the past two hours. I thank everyone who contributed to the debate and I am pleased to see the Bill has wide support.

I will respond briefly to a few of the issues raised by Deputies this afternoon but I know the Tánaiste is open to proposals which will improve the Bill and the rights and protections for victims where it is possible. All of the points raised in the debate will be considered.

On the definition of "victim", some suggestions were made by Deputies in the debate, and in submissions to the Tánaiste on the Bill, that the definition of "victim" should be expanded, clarified or qualified in various ways to ensure that victims can avail of the rights under the Bill without a specific offence or offender being identified. The definition of “victim” is the cornerstone of this Bill and of the EU directive and was very carefully considered in the context of both.

A wide range of rights flow from the definition. These include rights arising before a formal complaint has been made, during a trial and after an offender has been convicted. The decision was made to include in the Bill a single broad and inclusive definition of "victim" mirroring that in the directive to ensure it is appropriate to every circumstance. Deputies will note that individual sections of the Bill make clear that the victim’s rights arise as soon as they make contact about an alleged offence and no proof of harm is required. This approach also ensures that the Bill will be interpreted in line with the directive now and in light of any future rulings of the European Court of Justice.

Restorative justice was mentioned by Deputies and concerns were raised about the omission of restorative justice provisions in the Bill as published. I can assure Deputies that the Tánaiste and I intend to make provision for the rights of victims who participate in restorative justice practices in this Bill. Some legal issues have arisen around the most appropriate text for the provision, given the non-statutory nature of restorative justice practices available. The issue is being considered, in consultation with the Office of the Attorney General and appropriate amendments will be brought forward during the progress of the Bill. I thank Deputies for raising concerns about it.

It is something of a new departure for our criminal law to focus on the needs of the victims of crime, but it is not unique. As the Tánaiste noted yesterday, the Bill marks the single biggest step towards providing statutory rights to victims but there is a range of other legislative measures which will also enhance victims’ rights. The Criminal Law (Sexual Offences) Act 2017, enacted earlier this month, provides additional protections for victims of sexual violence and the Domestic Violence Bill 2017, which commenced in the Seanad yesterday, provides for a range of additional supports and protections for victims of domestic violence.

This Bill will provide victims of crime with information and support to help them through what is inevitably a very difficult time. As colleagues here have recognised, it is an important step forward in supporting victims of crime and protecting victims, in so far as possible, from further victimisation. I urge Deputies to support the Bill's passage through the House and on Committee Stage.

Another point was raised in the debate about implementation. A consultation group that was put together has been working very closely with the Tánaiste on this issue and that group will continue to work throughout the implementation process. I commend the Bill to the House.

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