Dermot Ahern (Louth, Fianna Fail)

I accept the Senator's comments. The Courts Service was not the only body responsible for that tremendous building which will stand the test of time and which will represent the modern day equivalent of the Four Courts.

I will read from my speaking note in respect of amendments Nos. 18 to 31. It is important to put on record my views such that on Report Stage and in the other House my views will be set down. It is important for the preparation of further stages of the Bill to do this.

However, before I do so I refer to the implementation of the EU framework decision referred to by Senator Regan. I share the Senator's commitment to improving the services victims can expect to receive from our criminal justice agencies. I am committed to ensuring we have the systems in place to deliver the best possible support for victims. If we are to remain relevant there must be regular reviews and an enhancement of the systems. In this regard I refer to the Justice for Victims initiative which I launched last year, which was the genesis of this Bill. I also refer to the establishment of the victims of crime office within my Department, the commission for support of victims of crime and the review of the victims' charter. These are examples of the initiatives I have taken in the past 18 months since I became Minister.

We must aim for a more effective means of delivery of services. I favour the legislative approach when it is the most effective, efficient and appropriate means available. The Bill bears testament to my commitment to introduce legislation when necessary and appropriate. However, I am also impressed by the effectiveness of the voluntary service providers and the suitability of the services they provide. We have an obligation to support and assist these organisations. However it is the personal commitment and dedication of the organisations that contribute to their success. I fear that many of these attributes would be lost if we interfered too much and reduced the scope of voluntary effort. In particular, I would be concerned that a statutory framework for all the services would impose a rigidity and result in a loss of much that is good in the current approach. I am committed to supporting the organisations to which I refer and the targeted, high quality services they provide for specific categories of victims. These groups articulate the needs of their clients. By channelling our resources through them, we are avoiding bureaucratic logjams and maximising value for money. We are also ensuring victims obtain a service which is tailored to their needs.

I am pleased to inform the House that since 2005 the Commission for the Support of Victims of Crime has provided €5 million for more than 50 voluntary bodies which support the victims of crime. The commission which operates independently under the aegis of my Department places special emphasis on funding services that assist victims in court. I mention this as a very good example of targeted services.

The Senator will understand, therefore, I cannot accept his belief that legislation is necessary in order to secure the delivery of the notification services mentioned in amendments Nos. 18 to 23, inclusive, or the elaborate mechanisms foreseen in amendments Nos. 24 to 29, inclusive, with regard to the appointment of representatives. I accept that, even in the absence of legislation, there must always be a general policy or framework. The victims' charter provides such a framework. Since it was first published almost a decade ago, the charter has provided the impetus for the development of new services and highlighted the benefits of co-ordination within an overall framework. It has shown itself to be very effective. Like most things, however, it requires periodic review. As stated, I have arranged for such a review to take place and hope to be in a position to publish the revised charter in the first quarter of 2010. Where possible, I wish to improve the implementation of the existing charter provisions and discover where new provisions might usefully be added. With that general approach in mind, I will now comment on the amendments.

The amendments under discussion can be split into two groups. The first group, comprising amendments Nos. 18 to 23, inclusive, and 30 and 31, focuses on the provision of information for victims and facilitating communication between victims during certain criminal justice procedures such as those related to bail and parole. The notification proposals would certainly result in victims being given a great deal of information on offenders. However, have victims been asked whether they want such an arrangement to be put in place? I am not aware of a demand for such a statutory-based service. Knowing that the offender has been convicted and sentenced is enough for most victims because it represents closure. Regular updates would, in many cases, be an unwelcome reminder. I prefer the current system, under which the victim initiates contact with the victim liaison services of the Garda Síochána or the Irish Prison Service and makes the decision that he or she wishes to be informed of significant developments in the investigation of the offence or the detention of the offender. Under this system, victims are contacted in writing or by telephone at the appropriate times.

I am also concerned about the resource implications of the amendments. Amendments Nos. 18 to 23, inclusive, would place responsibility for ensuring victims were given notice of several issues — ranging from bail proceedings to the deportation of offenders — by the Secretary General of the Department of Justice, Equality and Law Reform. Giving effect to these proposals would require another layer of bureaucracy. While that would be of doubtful value, we must also wonder if victims, as a group, would be better served than they are under the current arrangements. The services and procedures of the Court Service, the Garda Síochána and the Irish Prison Service would be channelled through the Department as opposed to dealing directly with victims, as is the current practice.

I also note that the amendments do not distinguish between serious and less serious offences. Realistically, this is a factor which must always be taken into account. I might be sympathetic to the proposals if they added to the quality of the current services. However, I am of the view that they would not provide any tangible improvement to these services. I do not need to remind the House of the severe restriction on resources. Any increase in resources must be matched by a solid and measurable return for that investment.

Amendments Nos. 19 and 30 provide for victims to be notified of parole board hearings and allowed to make submissions to the board or the Minister. It is proposed that any submission made to the board be made available to the offender. I have a number of concerns about this proposal. In the first instance, it would place a statutory requirement on a body which has no statutory basis. The board's principal function is to advise the Minister on the administration of long-term prison services. The board, by way of recommendation to the Minister, advises on a prisoner's progress to date and on how best to proceed with the future administration of the sentence. The final decision in this regard lies with me, as Minister.

The parole board has discretion to exclude the views of the victim from a prisoner's dossier on the grounds of potential negative implications for the safety and security of that victim. The amendments tabled by the Senator — apart from still permitting a victim's address to be withheld — seem to remove this discretion. The effect might be to expose the victim to associates of an offender in his or her local area and deny confidentiality in respect of the written submission, with all of the consequences that might flow therefrom. I am sure that, on reflection, the Senator might agree that this might not be a desirable outcome.

Amendment No. 21 might have implications for the procedures operated by the Irish Prison Service. It would provide for prior notification to be given to victims when an offender was to be detained in hospital. Advising victims about a prisoner's movements might not in many cases be consistent with good management or security policies. It would be impossible to safeguard the integrity of the information once it was given to another person. A prisoner remains under the control of the prison authorities while he or she is incarcerated. I suggest, therefore, that there is something of an added risk to victims as a result of the fact that the offender might be in hospital. Having balanced the potential security risks against the limited added risk of escape, I do not propose to accept the amendment.

Amendments Nos. 23 and 31 which relate to providing victims with notice of the deportation of offenders strike me as unnecessary. The Immigration Act 1999 sets out the procedures relating to the sentencing of foreign nationals, including the possibility of deportation on release. The Immigration, Residence and Protection Bill 2008, currently before the Oireachtas, is the appropriate instrument in respect of which this matter should be raised. The Bill, a consolidation measure, is a comprehensive and single statement of the law on immigration. I do not want to begin unravelling the approach taken in that Bill by making separate provision in one area even before it is enacted.

Amendments Nos. 24 to 29, inclusive, provide for an elaborate and complex arrangement which would cover the appointment, functions and termination of appointment of representatives of victims who would receive the proposed notifications for which the Senator's earlier amendments provide. I am uneasy about these proposals which lack safeguards and oversight. I wish to mention a few obvious areas of concern in this regard. If adopted, the proposals to which I refer would give a third party specific statutory rights in respect of personal information from both victims and offenders. We would need to evaluate this from a data protection perspective. The proposals do not specify any vetting processes to which the nominee should be subjected. Provision is not even made in respect of a good character condition. The latter is the least that should be expected of someone whom it is proposed should, on behalf of victims, make submissions on very sensitive matters to parole boards and during deportation processes.

It is clear that the proposed amendments are grounded in the relevant EU framework decision, particularly Article 4 thereof. Ireland has implemented the framework decision through several legislative measures and the victims' charter. Article 17 of the framework decision which deals with implementation states, "Each Member State shall bring into force the laws, regulations and administrative provisions necessary to comply with this Framework Decision". According to the framework decision, it is, therefore, permissible for Ireland to implement it, at least in part, through administrative means. The European Commission has stated it cannot assess the extent or degree of implementation in the absence of legislation. It has also made the point that legislation demonstrates the degree of commitment on the part of the national authorities to supporting victims. These are reasonable points. However, we have in place a wide range of legislative measures aimed at supporting victims and these work well. The fact that they are spread over many years and different statutes does not mean they are less effective or important.

I return to my basic point, namely, that solutions and support need not always require legislation. We have a strong level of voluntarism and strong family and community networks. I am happy to build on these pillars and continue to support them in their excellent work. For the wide variety of reasons to which I refer, I do not propose to accept the amendments.