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Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: I only just copped the grouping. Amendment No. 14 is simple and was proposed on the advice of Rape Crisis Network Ireland to provide more detail of the kinds of support that victims should be informed of on first contact with the authorities for the avoidance of doubt. The Minister of State will surely say that gardaí would specify medical supports, appropriate specialist services,...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: I agree with that. This amendment is necessary precisely because those at the coalface are not referring people to, or making them aware of, some of the services that exist. If we are serious about consultation we have to deal with the viewpoints of people who deal with victims on a daily basis, particularly the most vulnerable victims of sexual violence. Their experience suggests that...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: Where relevant.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: The Minister of State is mistaking appropriate specialist services as being appropriate specialist medical services. The amendment does not say that. It includes, for example, services providing alternative accommodation. Article 8(2) of the victims directive says that we shall facilitate the referral of victims to victim support services. The implication of the word "shall" in that...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: That is very helpful and would be a good way of proceeding. It is not my amendment, it was suggested by Rape Crisis Network Ireland. It aims to cater for particularly traumatised victims who are probably the first people that will hopefully benefit from this legislation if we get it right. I accept that the Minister of State will consider the matter before Report Stage. If, however, we...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: We will be open to that.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: I thank the Minister of State.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: I move amendment No. 15:In page 9, line 27, after “victims” to insert the following:“including, where relevant, medical support, appropriate specialist services including psychological support services, and services providing alternative accommodation”.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: I think that is correct. The Minister of State indicated that the restorative justice element will be looked at later on.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: Yes.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: I think "as soon as practicable" is a moveable feast while "without unnecessary delay" is clearer and more actionable in cases of unreasonable delay. Unnecessary delay can have the effect of re-victimising a victim. The amendment provides greater clarity. Amendments Nos. 21 and 22, from myself and Deputy O'Callaghan, respectively, differ slightly from each other. They deal with the need...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: There is a connection. If we are saying that we are working to try to give the victim the choice, then we need to do that work. I am slightly concerned that the Minister of State said the information would be given if possible. There should not be a situation where the information is not available in an accessible format. I am trying to envisage a scenario whereby that information would...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: We are all trying to achieve the same thing in the three different groups of amendments. Perhaps we are doing so in slightly different ways and we may have to throw everything into the pot to come up with a compromise by Report Stage. I am not sure. In terms of amendment No. 24 and the alternative support person, Articles 3(3) and 20(c) of the directive provide that the victim may be...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: It is a good point that the person is there of his or her own volition, but he or she is there to access support services. We are making provision for the fact that victims are being provided with the legal right to have a person or solicitor present while accessing support. When removing that right, there should be a fallback. This is about choice for the victim. I understand what the...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: As per the directive, we are defining the right of somebody to have a support person with them if they choose. It may or may not be a legal person. That is a good development. I also agree there can be limited circumstances where a garda sees something is not right and the accompanying person is actually not supporting the victim and needs to intervene. I have no problem with these parts...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: The choice should be with the victim, whether they have somebody or who the person might be. Again, asking a support person to leave should be in exceptional circumstances.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: It also involves amendments Nos. 76, 65 and 24.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: Did we not agree amendment No. 14? Amendment No. 14 was the one the Minister of State agreed to. I am looking at what the knock-on effect of that is.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: I am trying to identify the difference between the two amendments. I am reading them again and the words seem the same.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Clare Daly: I will stick with my own amendment. I cannot see the difference between the two of them.

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