Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

The European Commission has proposed changes to this directive to bolster victims' ability to realise their rights. These are rights that should be enhanced to whatever degree required. We are supportive of this endeavour. However, I questioned the weaknesses in the rights directive when it was originally composed and then adapted. I doubt there are many in this Chamber this evening who will oppose adopting this directive, but I wish to record there is a time-sensitive element to opting in. This question must be decided by 26 October. When was it known that this was going to be required? I ask this because this is occurring at quite a late stage in the context of the deadline in this regard.

The directive will mean that the State will incur costs. As of yet, these are not quantifiable because a negotiation phase must be completed. I ask the Minister of State to outline to us the key elements to be negotiated from our perspective. How will the working group work towards this end? Will it provide options papers and are we being proactive in terms of what should be included? It would be useful to hear what the Minister of State has to say on this point.

We are opting in to something we can only gather is a good thing. We know what the outline is, but what are we opting in to apart from the headline issues of the directive? I ask this because the briefing note goes on to state that two primary issues were identified as potentially posing legal challenges for Ireland, namely, the rights of victims to review a decision about them and amendments to the provision of compensation. The legal advice has indicated that these challenges are not insurmountable, and I doubt they are, but I would like to know if they are weighted in favour of the victim. The directive will seek to impose or include safety measures tailored to the specific needs of vulnerable victims, such as children, elderly persons, persons with disabilities, victims of hate crimes or victims in detention. Will persons who are victims of human trafficking be covered by this element?

I acknowledge that we have dealt with a great deal of legislation that the Minister of State has brought forward in areas where we have been quite delinquent in terms of not transposing directives and not doing so in a timely way. Indeed, I asked about the failures of the Department to transpose directives in a timely way. It was fined €2 million, following an appeal, for dragging its heels in relation to an EU directive aimed at preventing Ireland's financial sector from being used for money laundering and terrorist financing. This is an example of how this failure to transpose directives has reflected badly on the Government. I know the Minister of State will not disagree with me on this point. However, I acknowledge that he has the wall-planner in this regard. I can imagine that he has one and that this issue is being dealt with. Is this, however, another proposed transposition that we are getting at a very late stage for which it would have been possible to have had ample time to allow a greater level of consideration? I ask the Minister of State to give us his thoughts in this regard.

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