Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 3:

In page 7, between lines 34 and 35, to insert the following: " "restorative justice scheme” means any scheme administered for the time being under which, with the consent of each of them, a victim and an offender or alleged offender engage with each other to resolve, with the assistance of an impartial third party, matters arising from the offence or alleged offence;".

I refer to the earlier comments of Deputy Martin Kenny which we will now have an opportunity to debate. Amendments Nos. 3, 6, 24 and 35 insert into the Bill provisions on the rights of victims who participate in restorative justice schemes. Deputies on all sides of the House are in favour of and have highlighted the need for such amendments to be made to the Bill. I am happy, following Committee Stage and a period of reflection since, to bring forward these amendments.

Everybody agrees that there are proven benefits under the concept of restorative justice in addressing the matter of criminal behaviour and giving the victims a real voice in the process. The schemes provide victims with an opportunity to challenge the offender and explain the impact the offence has had on them. However, bringing the victim together with the person who has harmed him or her is a pretty risky business; therefore, of course, it is important that appropriate safeguards be in place to protect the victim from even further hardship, suffering or trauma. That is the aim of the amendments.

It is worth noting that the delay in bringing forward the amendments was not due to any difficulty in practice in providing the necessary safeguards. The majority of these rights, for example, on the issue of informed consent and voluntary agreements, are intrinsic to the successful operation of any restorative justice scheme. They are already part and parcel of the schemes operated by the courts.

I will turn briefly to the specifics of the amendments. Amendment No. 3 defines restorative justice schemes. The definition broadly follows that included in the EU directive, with some revisions to reflect the administrative nature of the schemes we operate through the courts in the State.

Amendment No. 6 provides that information available on restorative justice schemes must be given to a victim when he or she first makes contact with the appropriate authorities.

Amendment No. 24 sets out the rights to which a victim is entitled when he or she elects to participate in a restorative justice scheme. The scheme cannot be used unless it is the interests of the victim and, of course, the offender must acknowledge the essential facts of the offence. The victim and the accused must be fully informed about the process and the potential outcomes and both must freely consent and volunteer to participate. Other protections for the victims include the right to withdraw from the process at any time and a requirement that the person operating the scheme have regard to the need to protect the victim from further victimisation or intimidation.

Separate provision is made in amendment No. 35 for the rights of the victims who participate in restorative justice schemes and in the process involving young offenders under the Children Act 2001. The rights provided for victims in this provision are essentially the same but the text is different, as several of the requirements of the directive have already been provided for in the existing provisions of the Children Act.

Again, I seek support for the amendments as tabled.

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