Dermot Ahern (Louth, Fianna Fail)

The word competent encompasses expertise, training or experience. We can rely on the Courts Service to appoint persons capable of performing the role. Sections 5 and 6 seek to apply the provisions of sections 13 and 14 of the Criminal Evidence Act 1992 to vulnerable victims when making their victim impact statement. Sections 13 and 14 apply when a child or a person with a mental disorder is giving evidence in a trial concerning sexual or violent offences. Section 14 of the 1992 Act concerns giving evidence through an intermediary who is also defined in that case as a person who, in the opinion of the court, is competent to act as such. Any proposals to alter the requirement for a court-appointed intermediary would have to take account of section 14 of the 1992 Act. It would be strange to have different requirements at the sentencing hearing to the trial itself.

I am informed by senior management of the Courts Service that they are not aware of any competence issues being raised about staff employed as intermediaries under section 14 of the 1992 Act. Currently court staff perform this function of intermediary and are selected competitively for that purpose. Staff selected in Dublin currently undergo a training course with Barnardos. This course is not available outside Dublin but arrangements could, if needed, be made to supply staff members to undertake the task outside Dublin. The number of cases outside Dublin is limited. The provisions of section 14 of the 1992 Act appear to be working well and can be extended to cover the provisions in section 6 of this Bill following its enactment. I do not propose to make additions to the statuary requirements for a person to act as an intermediary under section 6 of the Bill or section 14 of the 1992 Act.