Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 35:

In page 32, after line 36, to insert the following:"Amendment of Act of 2001

29.(1) The Act of 2001 is amended—

(a) in section 3(1), by the insertion of the following definition:

" 'secondary victimisation' has the same meaning as it has in the Criminal Justice (Victims of Crime) Act 2017;",

(b) in section 26—

(i) by the insertion of the following subsection after subsection (1):

"(1A) Where the Director invites a victim to be present at the administration of a formal caution pursuant to subsection (1), he or she shall ensure that the victim—

(a) is provided with full and unbiased information about the process of administering a formal caution and the potential outcomes of the process under this Act, and

(b) is informed that he or she may withdraw at any time his or her consent to being so present.", and

(ii) by the insertion of the following subsection after subsection (2):

"(2A) The member of the Garda Síochána administering the formal caution shall, where a victim is present at the administration of the caution, have regard to the need to safeguard the victim from secondary and repeat victimisation, intimidation or retaliation while the victim is so present.",

(c) by the insertion of the following section after section 32:

"Attendance at conference by victim

32A.(1) Where the facilitator invites a victim to be present at a conference pursuant to section 32(4), he or she shall ensure that the victim—

(a) is provided with full and unbiased information about—

(i) the process relating to a conference,

(ii) the potential outcomes of the process under this Act, and

(iii) the procedures for monitoring the implementation of, and compliance with, an action plan,

and

(b) is informed that he or she may withdraw at any time his or her consent to being so present.

(2) The facilitator shall, where a victim is present at a conference, have regard to the need to safeguard the victim from secondary and repeat victimisation, intimidation or retaliation while the victim is so present.",

and

(d) in section 85, by the substitution of "32, 32A," for "32,".".

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