Dermot Ahern (Louth, Fianna Fail)

The proposed section 5(3)(b)(iv) provides that where a victim has died as a result of an offence, a family member may make an oral statement as to the affects of the offence concerned on family members. As the Senator indicated the provision does not take into account a situation in which the death of a victim, although resulting from the defendant, occurs sometime after the offence and he or she has suffered in the interim. It does not allow, at least in express terms, family members to outline the affect of the offence on such a victim. Under the proposed section 5(3)(b)(ii) the court is required to take into account the affect of the offence on the victim and may require evidence or submissions in this regard. The evidence or submissions referred to in that paragraph would consist of written reports compiled by the Garda with input from the victim, family members and medical personnel. Through this means the court would have an opportunity to receive evidence concerning the effect of the offence on the victim who may have lived for some time after the commission of the offence. However, there is merit in allowing family members to make an oral statement on this issue also. While I am not inclined to accept the Senator's amendment today I call on her not to press it and we will discuss the issue will the Parliamentary Counsel with a view to introducing an amendment on Report Stage.