Mick Wallace (Wexford, Independent) | Oireachtas source

The proposed Government amendment to include restorative justice is a welcome development. Restorative justice can be an extremely valuable process for both victim and perpetrator, if done right. A victim being given the opportunity to confront somebody who committed a crime against them can be empowering. It can also have a profound effect on the perpetrator for the simple and obvious reason that when a perpetrator understands the effects and consequences of their actions, it can be a powerful lever for rehabilitation.

However, there are a few issues with the Government's proposal which our amendment seeks to address. Article 12(1)(d) of the victims directive provides that any restorative justice agreement is arrived at voluntarily and may be taken into account in any further criminal proceedings. We have to be careful because a victim may believe that an offender is only engaging in restorative justice with a view to getting some credit in a sentencing hearing. As a result, if the victim does not have the assurance that an agreement reached between parties will only be taken into consideration by a court with the consent of both parties, then they may not find the restorative justice process as valuable and useful as they might otherwise do.

Our amendment, therefore, seeks to fix this gap in the Government’s amendment. The Government’s amendment does not explicitly set out that an agreement will only be considered by the courts if both parties have consented. Our amendment does.

It is worth pointing out also that a victim may not engage in the process, or they may delay in engaging in it if they believe an agreement could be presented to the court. They may be nervous, concerned about confidentiality or any number of matters. To protect the integrity of the restorative justice process and to encourage victims to engage with it, it is crucial any agreement reached between the parties should only be disclosed to the court if both parties agree to it.

Article 12(1)(c) of the victims directive states that restorative justice should only be facilitated where the offender has acknowledged the basic facts of the case. Our amendment No. 38 will insert this important safeguard in the Children Act 2001. It is the same amendment as those tabled by Deputies O’Callaghan and Jonathan O'Brien.

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