Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Deputy Naughten for introducing the amendment and for raising the matter previously with my colleague the Minister, Deputy McEntee, on Committee Stage. I am particularly conscious of the challenges faced by victims in prosecutions for harassment and stalking. The trial process, while respecting the rights of the accused, must absolutely respect the rights of the victim and it must try to avoid repeat victimisation, intimidation and retaliation. Ensuring that the trial process respects the rights of victims will encourage those who have been affected to come forward in the first case.

As the Deputy will be aware, there is a general power for the court to exclude members of the public under section 20 of the Criminal Justice (Victims of Crime) Act 2017. In proceedings relating to any offence, this section provides that where it is necessary to prevent such secondary or repeat victimisation, intimidation or retaliation, the public may be excluded from a trial. These criteria are clear and they ensure the court has appropriate power to protect victims.

It is important to note that Article 34.1 of the Constitution requires justice to be administered in public, except in such special and limited cases as may be prescribed by law. The implication of this is that particular care is needed in imposing an automatic requirement for in cameraproceedings. The purpose of the 2017 Act is to try to balance the constitutional obligation to administer justice in public with the importance of ensuring a victim is not revictimised, retraumatised or intimidated and does not experience retaliation. In the round, I think it gets the balance right.

The new harassment and stalking offences fall within the protections supplied by Part 3 of the Criminal Evidence Act 1992. This ensures a number of important safeguards are in place, for example in respect of giving evidence through a television link. However, two further areas are under consideration: a protection against cross-examination and an anonymity provision. Work is continuing on these measures and I hope this goes some way towards where the Deputy is trying to get to. I expect to return to this area in the Seanad and, of course, to then bring such proposed changes back to the Dáil. I want to do more in providing protections for cross-examination on the anonymity provision regarding these offences.

Obviously, as the Deputy predicted I might say, what we have been discussing relates to criminal proceedings, and civil order proceedings will always be in private. These mirror family law proceedings. There are extensive protections in place for applicants relating to these. For those reasons, I do not intend to accept the amendments but I hope we can make further progress in the Seanad.

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