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

David Stanton: Again, I thank the Deputies for the amendments and the work and thought they have put into them. These amendments aim to ensure that where a victim is accompanied either at first contact, when making a complaint or during an interview, and the Garda or officer of Ombudsman Commission excludes an accompanying person, that the victim is given the opportunity to arrange for an alternative...

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

David Stanton: We are discussing a number of issues, the first of which is making something legal that is already legal. The victim will have the right to have someone accompany him or her. That is fine. The Deputies should note as well that, in all circumstances in which someone is excluded, a "record shall be kept by the Garda Síochána and the Ombudsman Commission of any decision to exclude a...

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

David Stanton: That provision is in the Bill. Obviously, it would depend on the nature of the offence and the criminal charge that might be laid later. It is a subjective judgment that gardaí must make. They are doing it in the best interests of the victim. I am concerned about a provision in the amendment, that being, "a victim shall be given reasonable opportunity to make alternative...

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

David Stanton: It would be very rare. What would happen if the legal representative was a family member, for instance? Provision has to be made for that. A legal representative would be asked to leave if he or she was in some way involved in the offence or was putting some pressure on the individual, if the Garda felt it would be in the best interests of the victim that this particular person should not...

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

David Stanton: The issue only occurs if the Garda or the ombudsman takes the view that it is not in the best interest of the victim for that particular person to be the accompanying person. In the majority of circumstances, that will not occur. There could be the odd instance, however, where the accompanying person would have ulterior motives and putting undue pressure on the victim. In that case, if the...

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

David Stanton: We will certainly look at that. It raises other issues, however, with respect to freedom of the victim to come and go and so forth. On first contact, the victim gets all the information available with respect to support services, agencies and so on. There are plenty of talented and experienced people available to assist a victim. We have to work on the best interests of the victim. If...

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

David Stanton: The victim does have the right.

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

David Stanton: A number of issues arise. First, we will look at making it compulsory for gardaí to inform the victim of the right to have an alternative if somebody is excluded. I think that is the genesis of what I am picking up here so we will look at that and come back on Report Stage. Deputy Clare Daly made a point about the alternative. There is a very slight risk that the alternative might...

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

David Stanton: Yes.

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

David Stanton: I must be excused. I will leave it in the good and capable hands of the Tánaiste and Minister for Justice and Equality for the rest of the meeting. The committee has worn me out and I must have a lie down.

Questions on Promised Legislation (18 May 2017)

David Stanton: I thank the Deputy for the question. It is an issue about which we are all very concerned. I hope in the next week or two to publish the heads of a Bill which will contain some measures to deal with the issues about which the Deputy is concerned. I hope the main gambling Bill will be produced by the end of the year; that is the intention. Earlier this year, we carried out a review of...

Criminal Justice (Offences Relating to Information Systems) Bill 2016: From the Seanad (18 May 2017)

David Stanton: I thank the House for facilitating this important legislation and agreeing to the amendments. It is of particular note that this is the first legislation in this jurisdiction which is specifically dedicated to dealing with cybercrime. It is also timely in seeking to protect vital information and communications systems from attack, a reality which was, unfortunately, clearly demonstrated...

Written Answers — Department of Justice and Equality: Direct Provision System (23 May 2017)

David Stanton: Following from the McMahon report and in accordance with the Programme for a Partnership Government, improvements in facilities are being implemented across all family centres. One of the key recommendations in the McMahon report was in relation to the capacity of families to cook for themselves and it is to this end that the system in Mosney was introduced. Rather than a simple, generic...

Written Answers — Department of Justice and Equality: Refugee Resettlement Programme (23 May 2017)

David Stanton: As the Deputy will be aware, the Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into...

Written Answers — Department of Justice and Equality: Refugee Resettlement Programme (23 May 2017)

David Stanton: As the Deputy will be aware, the Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into...

Written Answers — Department of Justice and Equality: Direct Provision System (23 May 2017)

David Stanton: Following from the McMahon Report and in accordance with the Programme for a Partnership Government, improvements in facilities are being implemented across all family centres. One of the key recommendations in the McMahon report was in relation to the capacity of families to cook for themselves and it is to this end that the system in Mosney was introduced. Rather than a simple, generic...

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

David Stanton: One point strikes me. The person who is applying for bail could come back within a week or a month, but it could be six months, a year, two years or more. The amendment does not stipulate any restriction on that person looking for that information. If three years later people decided they wanted to know why the judge did not give them bail, they could go and ask and this amendment would...

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

David Stanton: They could.

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

David Stanton: Amendment No. 8 provides the right for a victim to be accompanied in court by a support worker. I support the Deputy's aim in proposing this amendment. A general provision, however, is not required in bail hearings as criminal proceedings are held in public. As such, the victim has an existing right to be accompanied by any person or persons he or she wishes during the court proceedings. ...

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

David Stanton: Amendment No. 10 seeks to oblige the Minister for Justice and Equality to undertake a review of bail supports available. Amendments Nos. 9 and 10 oblige the Minister to make costed recommendations to Government in relation to the improvement of the provision of such services. As the Deputies are aware, there are no specific bail support schemes for adults, such as those outlined in the...

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