Jim Walsh (Fianna Fail)

I am in agreement, in large measure, with Senator Terry's amendment. We covered this point fairly well on Second Stage. Much of our law concentrates technically on the offender and offences, while the victim is often sidelined. We need to inject a change into that type of thinking. There are many fine examples of where jurisdictions have moved the victim to centre stage, thus having a rehabilitative effect on the criminal. The issue of restorative justice has operated well in other countries and is now being examined here with some pilot schemes in place. We should try to apply that concept more widely to the existing legal system.

One caveat is that a report arising from consultations with the victim should not prejudice a decision not to grant temporary release, thus leaving it open to the prisoner to take action that would prejudice the case in some way. The Minister of State might deal with that caveat in his reply. The Minister of State must have regard to various issues, including the idea that the victim should be part of the process. I am encouraged to take that line, given the range of issues involved, as well as the sentences imposed and recommendations that courts may make. There is much evidence of inconsistency in sentencing by judges dealing with similar offences. There is no reference that that evidence at a trial is being taken into account, which may leave it open to victims to refer to some issues they may wish to bring to the Minister of State's attention before a decision is made to release a prisoner. I ask and encourage the Minister of State to accommodate this amendment without prejudicing the decision and, thus, perhaps leaving it open to challenge. I hope that much of the legislation emanating from the Department of Justice, Equality and Law Reform in future will take more account of victims than has been the case heretofore.