Mick Wallace (Wexford, Independent) | Oireachtas source

I move amendment No. 12:

In page 11, line 12, before "information" to insert "all relevant".

I will break this group of amendments down into two mini-groups. I will discuss amendments Nos. 12 to 14, inclusive, first. They are pretty similar but slightly different. This first mini-group has the aim of ensuring victims are provided with all the information they need, including all the information they need to request a review of a decision by the DPP not to proceed with a prosecution. As it stands, this section provides that victims shall be provided with information relating to any significant developments in the investigation of the alleged offence, information regarding a decision not to proceed with or to discontinue the investigation and a summary of the reasons for the decision, information regarding a decision not to institute criminal proceedings in respect of the alleged offence and a summary of the reasons for the decision as well as the victim's right to request a review of a decision referred to in subparagraph (i) and the procedure for requesting the review.

Obviously, the ideal would encompass all information but that would likely be rejected out of hand because the gardaí and the DPP would have strong grounds to say that at least some information with regard to a decision not to proceed will always be too sensitive to be released. I understand the Minister will say that the term "all relevant" is not necessary and that victims will get all relevant information as a matter of course but I am afraid I just do not buy that. In particular, when we are talking about the DPP, I think it must be made crystal clear that the DPP cannot get away with fobbing victims off with dribs and drabs of information but must tell them everything that is relevant. It is only very recently that the DPP has started to open up at all about decisions to prosecute or not prosecute after years of stony silence. Gentle pressure needs to be brought to bear to keep up that culture change and to ensure the DPP does not fall back into old habits of stony silence.

Amendments Nos. 15 to 17, inclusive, add to the already long list in the Bill of types of information that are to be provided by investigators to the victim on request. They add a number of extra categories of information, including conditions under which a sentence is suspended or part suspended, any post-release supervision orders imposed on the convicted person, conditions of bail and the procedure the victim should follow if bail conditions are breached, for example, in the case of a sexual offence, if the offender approaches the victim. As the Rape Crisis Network points out, in sexual cases, there may be a very lengthy gap between the institution of proceedings and the first court date and between the first court date and the trial date. This leaves many victims feeling frightened that they or their loved ones will be intimidated by the accused and-or their associates during this period and it is important that they know not only whether there are any bail conditions restricting contact with themselves but also what they can do if some breach of same or separate intimidating or harassing behaviour occurs. It would also be very helpful and reassuring for victims to be told the details of any post-trial or post-conviction order other than imprisonment which is aimed at preventing them from suffering harm at the hands of the person accused or convicted. It would seem absolutely appropriate to provide information about things like bail conditions, post-release orders and harassment orders to, for example, victims of sexual crimes, as there are several different kinds of orders which may be made post-trial or post-conviction in this kind of case and it is important victims understand that these orders are available, that they may be applied for and that once made, they may be enforced.

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