Seanad debates

Wednesday, 10 June 2009

Criminal Procedure Bill 2009: Second Stage

 

1:00 pm

Photo of John MoloneyJohn Moloney (Laois-Offaly, Fianna Fail)

The Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, apologises for the fact that he could not remain for the conclusion of the debate. I will bring the issues raised by Senators Quinn and Bradford to the Minister's attention. I thank Senators for their contributions to this useful and informed debate. The Minister may wish to consider Senators' points with a view to amendments on Committee Stage, where appropriate.

Meeting the needs of victims of crime is a major objective for the Government. This Bill contributes in a significant way towards meeting that objective. The importance victims attach to impact evidence cannot be underestimated. The significance of the proposals on the quashing of acquittals will also come to be seen to be important.

Although legislation has an important role to play in this regard, much can also be achieved by other non-statutory means. For example, the victims of crime office was established as an executive office in the Department of Justice, Equality and Law Reform under the justice for victims initiative, launched by the Minister in June 2008. Its main role is to promote and support the development of services for victims of crime. It is engaged in a major review and revision of the victims' charter, first introduced in 1999. This work is expected to be completed in the autumn.

Similarly, Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, supports and works closely with State and non-governmental organisations. Its mission is the delivery of well co-ordinated services. It has no direct role in the delivery of services but its co-ordination role is vital to ensuring the effectiveness of the initiatives taken by those organisations concerned with victim support.

Other agencies attached to the Department also provide a broad range of services and supports to victims of crime. The Garda has developed its charter for victims of crime with protocols on the information to be given to victims. Garda family liaison officers are appointed in more serious investigations.

The Courts Service has taken several steps to make the experience of being in court less stressful for victims. It provides training to volunteers to accompany victims and their families to court. Liaison officers have been appointed at every court venue where court staff are based. There have been many improvements in the facilities in courts buildings, including secure and private spaces for the victims of crime. Special seating is provided for victims' families in murder and manslaughter cases. The courtrooms in the new Criminal Court complex are designed to minimise the proximity of victims and their families to defendants and accused persons.

The Prison Service also has victim liaison officers who enter into direct contact with victims to inform them of any significant developments in the management of the perpetrator's sentence as well as any impending release. The liaison officer also provides victims with information on the prison system, for example, remission on sentences and parole, including the operation of the parole board.

The probation and welfare service devotes much time to assisting offenders but is also active in assisting victims. The preparation of victim impact reports provides one example. These written reports for the court were referred to by the Minister with the first or mandatory element of the structure. The Department supports restorative justice projects through the probation and welfare service. It currently provides funding to two projects, in Tallaght and Nenagh. Restorative justice gives the victim a voice and the offender an opportunity to take responsibility for his or her actions.

I wish to refer to the role of the Director of Public Prosecutions in the area of victim support. The director is independent and has a primary role to bring prosecutions, but his awareness of victims is evident from the development of the reasons project. It applies to cases where a death has occurred. Reasons for decisions not to prosecute, or to discontinue a prosecution, are to be given on request to parties closely connected with the deceased. Court procedures also recognise the position of the victim by, for example, allowing them to give evidence via television links in cases of sexual offences. Several provisions are in place to protect victims' anonymity.

I was pleased to see that the proposals on acquittals were well received and the Minister's measured approach was acknowledged. The proposals represent a major break with existing procedures but, in practice, they will be applied on an exceptional basis. The important point is that such cases can now be dealt with and the outrage and frustration felt at the occurrence of an undeserved acquittal will be a thing of the past. A remedy will be put in place.

The Bill adds to the developing awareness of the needs of victims. I commend it to the House.

Comments

No comments

Log in or join to post a public comment.