Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 5, lines 8 to 10, to delete all words from and including “the” where it firstly occurs in line 8 down to and including “1998;” in line 10 and substitute the following:

“the Criminal Justice Act 1951, the Criminal Procedure Act 1967, the Criminal Law (Rape) Act 1981, the Criminal Evidence Act 1992, the Criminal Justice Act 1993, the Courts Service Act 1998, the Children Act 2001 and the Criminal Justice (Female Genital Mutilation) Act 2012;”.

This is an amendment to the Long Title of the Bill to include reference to the amendment of the Criminal Justice Act 1951, the Criminal Law (Rape) Act 1981, the Children Act 2001 and the Criminal Justice (Female Genital Mutilation) Act 2012. These Acts are being amended by amendments Nos. 26, 30, 32 and the other amendments in this group up to amendment No. 41. They arise from a debate on Committee Stage where a commitment was made to give further consideration to Opposition amendments providing for the right of a victim to be accompanied in court by a support worker. While I am not aware of any concerns in regard to the ongoing court accompaniment of victims of sexual offences by support workers, which is funded by the Department of Justice and Equality, I have taken the views of Deputies on board and I am pleased to be in a position to introduce these amendments, which provide for the right of a victim to be accompanied in court by a support worker, including in circumstances where the public has been excluded. I have considered not just the Bill before us but also similar provisions in other legislation, which is important in terms of ensuring there is a large measure of consistency of approach.

Amendments Nos. 22 and 23 amend section 19 of the Bill while amendments Nos. 26, 33 and 36 amend the Criminal Justice Act 1951, the Criminal Law (Rape) Act 1981 and the Criminal Justice (Female Genital Mutilation) Act 2012, amending similar provisions in those Acts. Amendment No. 29 amends section 41 of the Criminal Procedure Act 1967 so that the provisions of that section are without prejudice to the right of a support worker to remain in court with a victim in circumstances where the other Acts apply. I have also taken the opportunity to make section 41 of this Bill without prejudice to the right of a parent, a relative or a friend of a victim to remain in court where section 8 of the Criminal Justice (Female Genital Mutilation) Act 2012 applies.

I propose these amendments to the House and seek support accordingly.

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