Ivana Bacik (Independent)

I move amendment No. 15:

In page 10, between lines 7 and 8, to insert the following:

"(7) This section is without prejudice to the power of a court to receive evidence regarding the effect of an offence, other than an offence to which this section applies, on the person in respect of whom the offence was committed.".

I have already referred to this amendment, which is simply a saving amendment that would insert a new subsection (7) into the new section 5 of the 1993 Act.

This would provide that the section is without prejudice to the power of the court to receive evidence regarding the effect of an offence, other than an offence to which the section applies, on the person in respect of whom the offence was committed. It makes clear that the court has a general power to receive victim impact evidence even outside the specific offences to which this section applies. The Minister has indicated he accepts amendment No. 9 in principle, which ensures that offences beyond those involving violence or the threat of violence will be covered. It may be, in that case, that this amendment is unnecessary if we can be sure the new formula captures all necessary offences. In light of what the Minister said, this adds to the discretion of the court to accept victim impact statements in respect of other offences, which we may have overlooked and which may not be captured by the Minister's revised formula in the earlier section.