Dáil debates

Wednesday, 29 March 2023

Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages

 

4:52 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent) | Oireachtas source

It is a bit like the curate's egg. The Minister is right: there is a general provision in law that the public may be excluded. However, the difficulty is that victims are being retraumatised by having to go back to court in the first place. Irrespective of whether it is in camera, they are being retraumatised by having to go back in, give statements to the Garda, provide evidence to the Garda, have witnesses and so forth in order to actually take this. A victim must pass a huge threshold in order for this to come back before the courts in the first place.

The last thing that they should have to consider is that when the State brings that prosecution, they need to rely on whoever the State Solicitor is to seek this order from the court at the start of proceedings and to ensure that actually happens. That doubt, in itself, acts as a barrier for people to come forward. I have listened to what the Minister has said. I hear what he is saying on anonymity. I hope he will reflect on what I have said this evening in the Seanad. I hope he can come back with a balanced amendment to the House that will address the concerns I have raised.

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