Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 4:

In page 9, line 11, to delete “medical support,”.

This amends section 6(1)(a) which provides that a victim shall be offered information on services providing support for victims. On Committee Stage, after much discussion on the matter, an amendment from Deputy Clare Daly was accepted that elaborated on the type of services for which information should be provided. It was agreed at the time that if the amendment required further changes, we could see about facilitating these amendments on Report Stage.

In most respects, the provision is acceptable. However, there is a difficulty which arises with requiring a garda or an officer to provide information regarding medical support to a victim. Difficulties arise about the nature and level of information required regarding medical support. Where immediate medical care is required, the garda at the scene of an incident already has an obligation to request such care. Aside from this, it is not clear how general information could be provided on medical support and, more particularly, on how a garda or officer could determine where such information is relevant without a level of questioning that may well be invasive. In such circumstances of first contact, a garda could face an obligation to provide information that he or she could only glean by way of first contact that might not be fully appropriate.

In addition, the first point of call for most medical support would be a GP. However, only the victim will know the identity of his or her GP. GPs act as private practitioners and, in the circumstances, it may not be appropriate for the Garda Síochána, or even in some circumstances for GSOC, to provide information for one GP without providing similar information for all other GPs which may, from time to time, offer services in the district or the region. With this in mind, the amendment seeks to remove medical support from the list provided under section 6(1)(a).

Amendment No. 5 is a drafting amendment.

It merely clarifies that psychological support services are a subject of an appropriate specialist service but it does not alter the substance of the provision.

See this speech in context