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Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I have no difficulty with the amendment and since it will be raised on Report Stage we can revert to it. In principle, I have no difficulty with it or with the Bill in general. I hope that in the course of the dialogue we can secure some refinement of the legislation. The Bill responds to several proposals made in the balancing of the criminal law system in favour of the victims. It is to...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I move amendment No. 2: In page 6, before section 4, but in Part 1, to insert the following new section: "PART 2 TREATMENT OF VICTIMS 4.—(1) Any person who deals with a victim (for example, a member of the judiciary, lawyer, member of court staff, member of an Garda Síochána or other official) shall— (a) treat the victim with courtesy and compassion, and (b) respect the victim's dignity...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: It is further on.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I acknowledge that the victims' charter has been a valuable aid to those who have been affected by crime but the European framework decision puts an obligation on us to put these matters on a statutory footing. It is legitimate to oblige organisations such as the Garda Síochána to provide information where a victim seeks it. I maintain that it is necessary to set out these procedures in...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I ask the Minister to elaborate on his curious argument that the offender could benefit and escape prosecution because of rights prescribed for the victim of crime. While I appreciate that certain cases may involve sensitive information, the amendments provide that such information would not be given where concerns arose. I do not accept the link the Minister has suggested. He is loading...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: The Minister might comment on the obligation to legislate on the EU framework decision. The Minister is suggesting that the amendments are too prescriptive. However, the first amendment is not very prescriptive. If that is the main objection the Minister has to these amendments, I do not see how that applies to amendment No. 4 which gives recognition to the victims of crime in terms of how...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: Yes.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I move amendment No. 3: In page 6, before section 4, but in Part 1, to insert the following new section: 5. — A victim or member of a victim's immediate family who has welfare, counseling, medical or legal needs arising from the commission of an offence or as a result of anti-social behaviour shall have access to services that are responsive to those needs insofar as resources are available.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: Tá.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: On a point of order, nobody said "Níl" so the amendment should be carried.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I move amendment No. 4: In page 6, before section 4, but in Part 1, to insert the following new section: "PART 3 INFORMATION TO BE GIVEN TO VICTIMS 6.—(1) A victim shall, as soon as practicable after the victim comes in contact with a State agency, be given information by the personnel of the agency about services or remedies available to the victim by such agency and by any other State...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I move amendment No. 5: In page 6, before section 4, but in Part 1, to insert the following new section: 7.—(1) A victim shall as soon as practicable, be given information by an Garda Síochána or, as the case requires, by the Courts Service Board or the Director of Public Prosecutions about the following matters: (a) the name of the member of an Garda Síochána who has the primary...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I move amendment No. 6: In page 6, before section 4, but in Part 1, to insert the following new section: "8.—Nothing in sections 6* or 7* requires any person to give information if good reason for withholding the information exists, such as where the giving of the information would be likely to prejudice the maintenance of law and order, including the prevention, investigation and detection...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I move amendment No. 7: In page 6, before section 4, but in Part 1, to insert the following new section: "9.—Information required to be given under sections 6* or 7* may be given to a support person of a victim if the victim— (a) cannot receive it, or (b) is not or may not be capable alone of understanding it.".

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I move amendment No. 8: In page 6, before section 4, but in Part 2, to insert the following new section: "10.—(1) This section applies to a victim of a sexual offence after a person accused of such offence has been convicted of the offence. (2) No court shall order that the anonymity of the person convicted of a sexual offence shall be protected where a victim to whom this section applies...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: The Minister always has a very good explanation as to why an amendment should not be passed. However, I understand his point in this instance. No amendment has been tabled without being considered adequately, at least by me——

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I know the Minister was not suggesting that, but I make the point that this is a self-contained amendment. It is in the context of a Bill designed to address the issue of the victims of crime and balance the rights of the offender and the victim. The safeguards to which the Minister alluded, namely, those regarding the risk of the identity of the victim being disclosed, apply only where the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: The Minister mentioned the accused. The amendment deals with the person who is convicted.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I commend the amendment to the Minister. Senator Bacik's formulation is more comprehensive and is a catch-all one which may be the intended purpose of the formulation in the Bill. It is more fit for purpose and I support the amendment.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Eugene Regan: I am pleased the Minister has seen his way to considering an amendment on this point as it seems to have been well made. We are often accused of bringing forward amendments which merely reflect representations made to us. However, there are times when we propose amendments which are not based on representations and which does not mean they are necessarily less worthy.

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