Results 5,221-5,240 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: It asks the gardaí to identify a specialist medical service. The gardaí are not, in the main, qualified to identify a specialist medical service. I would imagine a victim would go to a GP who would make the decision. I cannot accept asking a garda of any rank, who does not have medical qualifications, to identify a specialist to whom the victim of an offence should go....

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

David Stanton: How is a garda going to know what to offer from among the myriad specialist services which are available?

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

David Stanton: We are talking about first contact. This means that it is broad enough to offer support to victims and, if somebody is injured in some way, the information on first contact is important. It is often provided in booklet form. It would be very difficult to provide all of the detailed information encompassed by the amendment in booklet form. Where a victim has first contact with the Garda or...

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

David Stanton: This is first contact information that is given to people. Section 6(8) provides that a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, shall, where the victim consents, arrange for the victim to be referred to a service which provides support for victims. That is a different provision. This discussion concerns giving information. I do...

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

David Stanton: I have concerns about the amendment. Very often, we are providing information in booklet format. If it was made so specific, I am not sure all the information could be provided in writing. Deputy Jack Chambers has pointed out the problem of triaging for appropriate specialist services. It is a bit tricky and we may need to amend it. However, Deputy Daly is quite persuasive. We will...

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

David Stanton: It is a bit of a balance here. I think we can live with it.

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

David Stanton: I move amendment No. 16:In page 10, between lines 3 and 4, to insert the following:“(g) any particular measures, procedures or arrangements which are available to a victim who is a child;”. Amendment No. 16 inserts a new subsection into section 6(1) to provide that a victim who is a child must be offered information at first contact on any particular measures, procedures or...

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

David Stanton: Has the amendment not been withdrawn?

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

David Stanton: That was the restorative justice group of amendments.

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

David Stanton: In my many years in this House, I have heard the question of these two phrases come up again and again. I am of the view that the phrase "as soon as practicable" imposes exactly the same obligations on the authorities as the phrase "without unnecessary delay". The phrase "as soon as practicable" is preferred in the Bill as it frequently occurs in the Statute Book anyway in similar contexts,...

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.