Ivana Bacik (Independent)

I move amendment No. 10:

In page 7, line 14, after "by" to insert "or on behalf of".

This is a technical amendment to section 5(3) of the 1993 Act. The original section 5 provides that, "a court shall, upon application by the person in respect of whom such offence was committed, hear the evidence of the person". The new subsection restates the words a court shall, upon application by the person in respect of whom such offence was committed. I simply propose to insert the words "or on behalf of" to make it clear the application could be on behalf of the person, for example, by the Director of Public Prosecutions. In section 5(2)(b) the Minister has broadened the definition of "person" in respect of whom the offence was committed to include instances where a person has died, is ill or otherwise incapacitated, and a family member. This covers the gap in section 5 of the 1993 Act. I welcome the new paragraph (b) as it will make a significant difference in that it gives a right to family members to be heard at sentencing stage in homicide trials. This is a vital provision. The amendment would not take away from it.