Eugene Regan (Fine Gael)

I acknowledge that the victims' charter has been a valuable aid to those who have been affected by crime but the European framework decision puts an obligation on us to put these matters on a statutory footing. It is legitimate to oblige organisations such as the Garda Síochána to provide information where a victim seeks it. I maintain that it is necessary to set out these procedures in criminal legislation.

The Minister argued that my amendments would unduly complicate the Bill but criminal legislation is complicated and precise by its nature. I do not see why there should not also be precision in regard to victims of crime. I urge the Minister to consider, if not the amendments under discussion, some other means to give statutory acknowledgement to the rights of victims of crime in line with the framework decision of 2001, which will undoubtedly become a directive following the entry into force of the Lisbon treaty.

I do not agree that my proposed amendments would give rise to unnecessary litigation. The way in which a victim is treated is separate to the prosecution of an alleged offender. I do not see how treating a victim in a reasonable manner would interfere with the effective prosecution of crime. The amendments I tabled include saver clauses in respect of resources. A saver clause also provides that if the provision interferes in any way with the maintenance of law and order, in other words, the prosecution, the giving of the relevant information is not required. While the Minister listed areas, including victim impact statements, where the law has been changed to facilitate the victim, these are highly limited.

The basic issue in this respect is one of acknowledging the victim and providing him or her with the information required on the process. I note the charter is vague as to the process to apply when an offender who has been found guilty is released, freed on bail etc. The charter does not cover these issues adequately and they are the subject of later amendments. I urge the Minister to reconsider and have these matters placed on a statutory basis, either by accepting the amendments or providing for them in a form he deems fit.