Eugene Regan (Fine Gael)

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 and privacy, save that nothing contained herein shall in any way infringe the constitutional rights of an alleged offender or of an offender.

(2) A victim has the right to be informed as fully as possible—

(a) of his or her rights and of the remedies available to the victim,

(b) of his or her role in the criminal justice process and with regard to criminal proceedings and of the progress made in investigating his or her complaint and in the processing of any criminal prosecution arising from such complaint,

(c) of the availability of health services and social services or other appropriate assistance or prevention services through which he or she may obtain such medical, psychological, social care or help as he or she may require.

(3) A victim has the right, insofar as resources are available—

(a) to such medical, psychological and social care or help as he or she may require and to such other assistance or services capable of meeting his or her needs for shelter and support or for referral to other services better suited to provide him or her with assistance,

(b) to protection against intimidation and retaliation.

(4) A victim has a duty to cooperate, to such extent as is possible, with an Garda Síochána and any other relevant law enforcement authority.".

These amendments relate to how the victims of crime are treated in the context of criminal procedures. I appreciate that a considerable amount of work has been done by the Commission for the Support of Victims of Crime and the Department in this area. However, I wish to read one excerpt from the commission's framework document that refers to the position of the victims of crime. It states:

In the case of charges being brought, they have to cope with a complex system where minimum recognition is afforded to the victim . . . Further trauma is suffered where no perpetrator is identified or sufficient evidence does not exist to bring a charge. The degree of trauma is not measured by the seriousness of the crime e.g. an elderly person who has been burgled often will suffer life-changing effects.

Moreover, in the case of more serious crime, the impact is even more traumatic.

I appreciate that this legislation is supposed to address these issues and that it relies on the report and recommendations of the balance in the criminal law review group on this subject. However, as for what informs the amendments I have tabled, I again refer to the Commission for the Support of Victims of Crime's annual report of 2008. It refers to a meeting in September 2008 under the heading, Justice for Victims Initiative. It states, "The meeting also provided an opportunity for the Minister to outline his Justice for Victims Initiative to those who attended and to assure them that a legislative package was being progressed and was on course to be published in the spring of 2009". I believe this Bill to be the aforementioned package of measures. The amendments I have tabled complement the package before Members.

I will revert to the basis of all this, the European Council framework decision of 15 March 2001 on the standing of victims in criminal proceedings. The European Communities treaties recognise that the position of the victim must be taken into account in order to have mutual recognition of judgments and procedures in the area of criminal law. The framework decision states, among other things:

The conclusions of the European Council meeting in Tampere in ... October 1999 stipulate that minimum standards should be drawn up on the protection of victims of crimes, in particular on crime victims' access to justice and on their right to compensation for damages, including legal costs. In addition, national programmes should be set up to finance measures, public and non-governmental, for assistance to and protection of victims ... Member States should approximate their laws and regulations.

I refer to article 2 of the framework decision which is germane to my first amendment which proposes the insertion of a new section 4. Article 2 states:

Each Member State shall ensure that victims have a real and appropriate role in its criminal legal system. It shall continue to make every effort to ensure that victims are treated with due respect for the dignity of the individual during proceedings and shall recognise the rights and legitimate interests of victims with particular reference to criminal proceedings.

My proposed section 4 states:

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 and privacy.

It goes on to propose that the victim has a right to be informed as far as possible of his or her rights, his or her role in the criminal justice process and the availability of health and social services, etc.

This really is a declaratory statement implementing, in effect, the framework decision. It is important to have a statutory basis to the recognition given to the victims of crime and their role in the criminal process. With the passing of the Lisbon treaty, such framework decisions invariably will be transposed into directives. While the framework decision is binding on a member state, as is the directive, there will be an enforcement procedure, whereby the European Commission will ensure legislation adopted at European level is reflected in national legislation. There is a direct link and it is important that there be a statutory basis for the principles set out in the framework decision.

Amendment No. 3 reads: "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". There is a right to be assisted; therefore, there is a duty and an obligation on us, arising not only from our legal requirements but also now from European Union obligations. These provisions should be set out in legislation and followed through.

Amendment No. 6 concerns information for the victim. I appreciate that the victims of crime office provides valuable information in a generic sense for those who are victims of crime. They can access the general framework or scheme of how the system works but that is a far cry from providing such information for individual victims of crime. On a point of information, we must consider data protection, whether people want to be informed and whether the Garda Síochána could inform support services that a person has been the victim of crime without the victim requesting it or sanctioning the use of that information. This matter must be addressed, as acknowledged by the European framework decision. The amendment on the right to receive information is based on Article 4 of the framework decision:

Each Member State shall ensure that victims in particular have access, as from their first contact with law enforcement agencies, by any means it deems appropriate and as far as possible in languages commonly understood, to information of relevance for the protection of their interests. Such information shall be at least as follows:

(a) the type of services or organisations to which they can turn for support;

(b) the type of support which they can obtain;

(c) where and how they can report an offence . . .

Article 4 also includes the provision that "Each Member State shall ensure that victims who have expressed a wish to this effect are kept informed of the outcome of their complaint". A procedure must be established whereby the information can be provided for the victim of crime and this information can be passed on to support services. Perhaps a form could be drafted for the victim to sign. The amendment mirrors the broad principles set out in the European framework decision.

Amendment No. 6 suggests the victim should be provided with the name and telephone number of the member of the Garda Síochána who has the primary responsibility to investigate the reported offence. This is basic information that enables the person to feel he or she is not being entirely ignored in the process of prosecution of a criminal offence that has affected the person. By setting out in statute the type of information that should be provided and the procedures for so doing, we facilitate everyone, even though much good work is being done by the Garda Síochána and other agencies.

Keeping the victim informed is referred to in section 7(2) which concerns the preliminary hearing, any defending hearing set down for sentencing, any hearings of appeal and to review the sentence. Again, there is a requirement under the EU framework decision that the victim be kept informed. Section 3 of Article 4 states: "Member States shall take the necessary measures to ensure that, at least in cases where there might be danger to the victims, when the person prosecuted or sentenced for an offence is released, a decision may be taken to notify the victim if necessary". Section 2 of Article 4 refers to keeping the victim informed of relevant factors enabling them, in the event of prosecution, to know the conduct of the criminal proceedings regarding the person prosecuted for offences concerning them, except in exceptional cases where the proper handling of the case may be adversely affected, and to be informed of the court sentence. I do not see these matters addressed in the Bill, yet it was intended that it would address the rights of victims in this regard.

Amendment No. 6 deals with limits on duties to give information under sections 6 and 7 where the giving of the information would be likely to prejudice the maintenance of law and order. This is reflection of the framework decision. The amendment provides that the victim may nominate someone to receive the information. In dealing with these amendments I have a question for the Minister on dealing with the proposal made by the Balance in the Criminal Law Review Group, suggesting that in a case where the injured party had died or had become incapacitated such that he or she was unable to give evidence, where the defence attacked the character of the injured party, that shield could be dropped and the accused would be liable to cross-examination as to his or her character without leave of the court. Does the Minister intend to address this particular recommendation? Perhaps we can return to the matter on Report Stage or at a later time.