Charles Flanagan (Laois-Offaly, Fine Gael)
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I thank the Ceann Comhairle for allowing me to raise this matter of great importance arising for the most part from a recent case which has once again adverted to the lack of importance placed on the role of the victim in the criminal justice system. It is true to say that over the years the victim had few or no rights in this system. In 1993, the introduction of the victim impact statement was a most welcome development. For the first time it gave victims — or in manslaughter cases, their families — an opportunity to articulate how a crime had affected them. The victim impact statement empowers victims or their families, allowing them to play a part in the administration of justice, rather than forcing them to be mere passive observers. Fine Gael has been pushing for some time for greater rights for victims. Earlier this year, we published a Private Members' Bill which aims substantially to enhance the rights of victims within the criminal justice system. I am hopeful that the Bill will receive cross-party support when it comes before the House later this year. In the interim period, however, the conclusion of the Kearney case this week has thrown up important issues that the Oireachtas must consider urgently.

The late Siobhán Kearney's family did not have an opportunity to read out their victim impact statement in the court because the law does not facilitate such a procedure in murder cases. The rationale here is that the victim impact statement should help the judge to determine a sentence where he or she has discretion. In murder cases there is no discretion because a mandatory sentence applies, so some would argue that a victim impact statement is unnecessary. I disagree with this approach, however, as do my colleagues in Fine Gael. We believe that the victim impact statement fulfils a greater role than just informing the judge. A victim impact statement is an important opportunity for victims, or their families, to stitch into the public record the impact that a crime, as committed, has had on their lives. The statement plays a vital role in helping victims and their families to find closure on a horrific experience. It is an inclusive measure that transforms victims or their loved ones into participants in our criminal justice system, rather than forcing them to be passive observers.

Would it have made a difference to the sentence handed down to Brian Kearney if Siobhán's family had been allowed to make a victim impact statement? The answer is "No", but it would have made a difference to her family. This is evidenced by the fact that her family felt the need to read their statement outside the court. They wanted their voices to be heard and, indeed, today's papers gave the statement much coverage. In my view it is most regrettable that the Government has failed to recognise the value of victim impact statements. There must be more to such statements than mere process and procedure. Victim impact statements are about making our justice system inclusive and humane.

Fine Gael is calling again on the Minister for Justice, Equality and Law reform to take these issues on board. I hope the opportunity that now presents itself will not be ignored by the Government.

Jimmy Devins (Sligo-North Leitrim, Fianna Fail)
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I thank Deputy Charles Flanagan for raising this important issue and I am grateful for the opportunity to address it. My colleague, the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, is conscious of the need to support victims of crime in their contacts with our criminal justice system.

Over the past few years, this Government has taken steps to ensure that the victim has a central place in the criminal justice system. In 2005, we established the Commission for the Support of Victims of Crime, with a remit to devise an appropriate support framework for victims of crime into the future and to disburse funding for victim support measures. I pay a warm tribute to that commission for all the work it has achieved over the past three years. Its work is much appreciated by voluntary bodies that provide practical assistance to victims of crime and their families.

Since 2005, the commission has provided funding close to €2.5 million to over 40 groups engaged in the support of victims of crime. I understand that the commission is currently considering applications for 2008 from some 55 voluntary organisations. This will lead to the expenditure of a further €1 million this year to organisations supporting victims of crime. One of the most important services funded by the commission has been for the purpose of court accompaniment, where victims of crime are assisted by trained voluntary personnel in getting to understand the criminal court procedures, and where victims or their families have a friendly face to accompany them throughout any trial.

The Minister met with the Commission for the Support of Victims of Crime and has been advised that it has made considerable progress in devising an appropriate support framework for victims of crime in future. Only last week the commission held a well-attended discussion day with victims' organisations at which the elements of such a future framework were frankly discussed. Arising from those discussions, the commission expects to be in a position to present its findings to the Minister shortly. This document will provide important insights into how support for victims of crime might be developed into the future, including the steps that would be necessary to give effect to the commitment in the programme for Government to establish a statutory victims agency and advisory council.

In September 1999, a new and comprehensive victims charter and guide to the criminal justice system was published, which set out the rights and entitlements to services and the levels and standards of treatment which crime victims could reasonably expect. The charter operated from the time of publication with clear complaint procedures whereby if the victim's expectations were not met or where the level of service was not as set out in the charter, complaints could be lodged. This charter is currently under review by the Commission for the Support of Victims of Crime and a revised charter is expected to be published shortly.

Victim impact statements are among the most effective mechanisms available to ensure that the interests and concerns of victims of crime are brought to bear on the criminal justice process. Section 5 of the Criminal Justice Act 1993 provides that a court, before passing sentence, is required to take into account any effect, whether long-term or otherwise, of the offence on the person in respect of whom the offence was committed. This is one of the rare instances where the court is specifically directed as to a matter to be taken into account at the sentencing stage. Otherwise, courts — other than in murder cases — have a large measure of discretion as to the matters to be considered in the context of determining the appropriate sentence. As a result of the procedure under section 5 of the 1993 Act, victims can expect to have a level of involvement beyond that of a mere witness.

In recent times, a certain amount of attention has been given to the role of victim impact statements. The Minister has already undertaken that, following reflection on this complex issue, he may, if considered necessary and appropriate, bring forward proposals which will address any defect in the current arrangements or which may enhance further the role of the victim. In that context account will have to be taken not only of public debate on the matter, but it will also include consideration of the very helpful comments made by the Balance in the Criminal Law Review Group, chaired by Dr. Gerard Hogan SC, in its report earlier this year.

As regards the current arrangements under section 5 of the 1993 Act, the review group suggests the section may be too restrictive in so far as it permits a statement by or on behalf of the direct victim only. It suggests there is a case for expanding the definition of "victim" to include other persons intimately affected by the crime, such as would be the position in homicide cases where a close relative of the victim is, at the court's discretion, permitted to make or provide a statement.

The review group also discusses the possible use of victim impact statements at the parole or remission stage and places this issue in the context of restorative justice — that is, that the victim would have an opportunity to address the perpetrator directly, to make him or her realise more fully the harm that has been done.

The National Commission on Restorative Justice, with Judge Mary Martin as chair, was established in 2007 to examine both national and international practices in restorative justice, to consider the recommendations of the Oireachtas Joint Committee's report on restorative justice, and to consider what model or models of restorative justice might be appropriate to Irish circumstances.

Brendan Howlin (Wexford, Labour)
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I am loath to interrupt the Minister but I am afraid that the Department of Justice, Equality and Law Reform has provided a very long reply.

Jimmy Devins (Sligo-North Leitrim, Fianna Fail)
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It is a very detailed response.

Brendan Howlin (Wexford, Labour)
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I am afraid therefore that we will have to adjourn the debate.

Jimmy Devins (Sligo-North Leitrim, Fianna Fail)
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I shall pass the written reply on to the Deputy.

Brendan Howlin (Wexford, Labour)
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I am grateful to the Minister of State.