Results 5,201-5,220 of 14,127 for speaker:David Stanton

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

David Stanton: I am very pleased to have the opportunity to present this Bill here today on behalf of the Tánaiste and Minister for Justice and Equality. There is no need for me to convince members of the importance of this Bill and the very real difference the enhancements of the rights of victims contained in this Bill would make to the experience of victims in the criminal justice process. Deputies...

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

David Stanton: I move amendment No. 3:In page 6, to delete lines 36 and 37, and in page 7, to delete lines 1 and 2. The purpose of amendments Nos. 3 and 41 is to clarify and elaborate on the information about the final decision in a trial about which the Garda or the Director of Public Prosecutions, DPP, will be required to provide to a victim where the victim has requested such information. Amendment No....

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

David Stanton: I move amendment No. 5:In page 7, to delete line 37. Amendment No. 43 deletes section 7(2)(n) which provides for a victim to receive information about a child who has been remanded in custody to a remand centre. However, section 7(2)(k) already provides for a victim to be provided with information about the release or escape of a person who has been remanded in custody. A person in this...

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

David Stanton: I thank the Deputies for their amendments which aim to provide for information and safeguards for restorative justice practices in the Bill. I fully agree that such provision is necessary and I assure Deputies that I intend to make provision for the rights of victims who participate in restorative justice practices in the Bill. I regret that I have not been able to bring forward these...

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

David Stanton: No. That is it for the moment. I fully agree with what the Deputies are saying here. It is technical and complicated. We are all on the same page here. I ask the Deputies to give us time to introduce the appropriate amendments on Report Stage. We want to get it right. We have recently received advice from the Attorney General on the matter. It will be done as people envisage. We are...

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 move amendment No. 7:In page 8, to delete lines 1 to 6.

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

David Stanton: I move amendment No. 8:In page 8, to delete lines 7 to 12 and substitute the following:" "special measure" means a measure referred to in section 16 or 18;". Amendment No. 112 makes a small amendment to the text of section 18 to clarify that in determining whether to make an application for any special measure during court proceedings, the prosecutor must have regard to the protection needs...

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

David Stanton: I thank the Deputies for tabling the amendment. I understand what the Deputies are seeking to achieve but I do not believe that the amendment is either necessary or represents an effective manner of achieving the desired end. I will explain why. In the first instance, it is necessary to state clearly thede factoposition in the Bill. There is nothing in the definition of "victim" to suggest...

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

David Stanton: The definition of "victim" on page 8 states:"victim" means a natural person who has suffered harm, including physical, mental or emotional harm or economic loss, which was directly caused by an offence. Anything that we put in after that does not make any major difference because the person is recognised as being a victim and that person need not prove that he or she is a victim. One people...

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

David Stanton: Certainly.

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

David Stanton: Certainly, we will look at it. There is no problem there. Obviously, we will take on board anything Deputies have to say with respect to revisiting or going back to this on Report Stage. I am keen to make this point. All a victim has to do is to say: "I am a victim of an offence and I have suffered harm." Once a person says that, then the supports have to kick in. That is the thrust,...

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

David Stanton: This is a criminal justice directive so we must be very careful and keep that in mind. In other member states, there is a greater divide between the civil and the administrative. This is a criminal justice directive dealing with criminal matters, which is something Deputies might want to consider.

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

David Stanton: I move amendment No. 10:In page 9, before line 1, to insert the following:"Application of Act 4.(1) The provisions of this Act shall not apply to a decision referred to in section 7(2)(c), (d), (e)or (f)* which is made before the commencement of the provisions concerned. (2) The application of this Act is not dependent on the commission of an offence having to be established (nor is it...

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

David Stanton: That is it.

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

David Stanton: I listened carefully to Deputy Daly. She is opposed to section 4 in its entirety, but many of her objections will be met by my amendment. The Deputy also opposes the provision that limits the Bill's application as regards information on a decision to end an investigation, not to bring a prosecution or to deal with a person other than by a trial. From a practical perspective, to make all...

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

David Stanton: I thank the Deputies for these amendments. As they stated, there are a number of objectives in this group of amendments on the provision of victim support services. I will address each in turn. I am sorry, but does someone else want to speak?

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

David Stanton: I thank the Deputies for these amendments. As they stated, this group contains a number of objectives on the provision of victim support services. I will go through each amendment in turn. Amendments Nos. 14 and 15 elaborate on what support services are to be included in the term "services" by including some types of service but not others. This might be ill advised. The term "services...

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

David Stanton: I have listened carefully to what colleagues have said. There is an error in Deputy O'Brien's amendment. It reads "services providing for victims" rather than "services providing support for victims". It does not make any sense.

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

David Stanton: Deputy Daly's amendment asks gardaí to include "where relevant, medical support, appropriate specialist services". This would put into law a requirement for gardaí to identify appropriate specialist services for a victim.