Ivana Bacik (Independent)

I am grateful to the Minister and I accept what he stated on the potential constitutional and conventional difficulties with full legal representation throughout the trial process. However, it is worth considering how representation rights could be expanded somewhat for victims without breaching the equality of arms principle. I am grateful to Senator Regan for pointing out the European indications that there should be greater representation for victims. It might be that the amendment could apply to post-conviction hearings which deal with sentencing.

I am also grateful to the Minister for outlining to the House the detail of the Sex Offenders Act provision allowing for separate legal representation. As I stated, that was inserted on foot of research we published in 1998 with the Dublin Rape Crisis Centre. In that research, The Legal Process and Victims of Rape, we recommended that limited right of separate legal representation be introduced. We did not recommend a fuller right. However, it is worth examining how the right to representation could be extended not to the full level, as the Minister stated, but to other hearings in the absence of the jury such as post-conviction hearings, where it would improve the trial process experience for the victim. I will not press the amendment at this stage; I will reserve my position until Report Stage, particularly given the time.