James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Deputies for their important contributions on what we will all agree is an important opportunity to opt-into the proposal to strengthen victims' rights and access, discussed in today's motion. I will respond to some of the issues raised.

We always have a tight timeline in these types of opt-in scenarios. Unfortunately, under Article 3, we only have three months from the date of publication in all languages to opt-in. It is important we do so under Article 3, so that we can be part of the discussion to shape the text. Where there is an opt-in clause, Ireland has the right not to opt in, but where we do, we must do so within three months. Unfortunately those tight timelines are set out in legislation.

The importance of protecting victims emphasised in the directive seeks to strengthen the provision of video links by amending Article 17. We will review it to ensure it is workable for our system.

On domestic violence, it is important to note the work under way under the third national strategy, which complements the overall work, including training professionals and extending legal representation to victims of sexual assault when questioned about their history. There have been a number of legislative improvements in this area. The Sexual Offences (Human Trafficking) Bill making its way through the Houses is also being advanced to provide support to victims and includes a revised referral mechanism for identifying victims of trafficking. While victims of trafficking will be covered by the directive, as all victims are, we are also making particular efforts to support victims of human trafficking in national legislation.

On helplines, we have engaged with the Commission to ensure that any ambiguity in the text will be resolved. On compensation, what is being proposed will be different from how our system currently works. The focus will be on ensuring that what is agreed is workable, including for victims, as well as ensuring the State can deliver for victims. We do not want a situation where victims have a paper right that leads to unintended consequences or more stress or trauma for victims trying to get the right to a review. We must ensure any rights for victims are effective and they can benefit from them as a legal right.

On the legal right of victims to review, we must ensure our legal system can accommodate such a review in the best way possible and that there is no delay, that where victims have concerns they can be reviewed and it is done in a timely fashion. There is little benefit to victims if trials are held up for a long time, which would again increase their trauma. We must strike a balance to ensure victims' rights are strengthened and that it is not done in a way that creates more stress and trauma in individual victims' situations. It is important to get this right and that will be key to our negotiations. Any proposal should strengthen victims' rights but do so in such a way that the overall rights of victims are protected in the judicial system.

To demonstrate we are serious about improving our response to supporting victims of crime, the Government has no hesitation in commending the motion to opt-in to the proposal to the House. I am glad to see all Deputies support it. Doing so now under an Article 3 opt-in will ensure we are at the table with our European partners and involved in the detailed discussions. Not opting in would send mixed messages that, on one hand, we are improving our system supports domestically through domestic legislation but on the other would not agree to wider EU targets. We are at the initial stages of discussions on this file. Many issues still need to be teased out. Other member states have raised particular concerns. Officials from my Department will work with their counterparts as the file progresses to ensure the determination and import of this directive is met in such a way that victims' rights are strengthened without retraumatising them.

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