Dermot Ahern (Louth, Fianna Fail)

Without going over the area again, having been in this office for more than 18 months, I see very clearly why, in the context of the Lisbon treaty, we decided to ask for particular arrangements in the justice and home affairs area, especially in regard to criminal law. That shows clearly we have a very distinct type of legal system which is very different from that in mainland Europe. In the framework decision and the discussions on a revised framework decision in this area, which are ongoing, it is quite clear the EU Commission takes this into account.

The most recent discussion on this issue was at the Council of Europe in Brussels in July. One of its conclusions was to call on the Commission to support by all suitable means member states in their efforts to make sure victims of crime can benefit from decisions taken at EU level and, if appropriate, proceed to put forward the relevant legislative proposal and other measures. It clearly acknowledged that this can be done by a suite of legislative and administrative measures.

It would be wrong if the impression was to be given from what Senator Regan said that there is nothing on a statutory basis in regard to the protection of victims. There is and as I said, it is contained in much legislation enacted over a long period of time. The statutory provisions are in place to protect victims. I refer to the success of the victims' charter, and not only the one issued by my Department. One should look at the various initiatives taken in other areas. I compliment the Garda Síochána on fulfilling the victims' charter by having its own victims' charter and procedure in regard to notification of victims, which is very well set out. The Garda family liaison officers keep victims' families informed of the progress of serious investigations. The Prison Service also has a number of initiatives in this area, including the Prison Service victims' liaison officer. It is important to note these services are provided on an opt-in basis.

Some families do not want to be notified and want closure, and I know this from my examination of files in regard to recommendations from the parole board. Other families want to be notified and, as much as possible, their considerations must be taken into account.

Prison is about rehabilitation and trying to get people who have committed heinous offences to reform. Hopefully, when let out having served their sentences, prisoners would be able to go back into society without committing crimes again. I see from the many files with which I deal that there are people in jail serving very long sentences, and deservedly so. It is also clear from some people's rehabilitation and remorse and regret about the crimes they have committed and from the assistance they have received from their families, that they will not commit crime again because they have learned a very salutary lesson. It is important some cognisance is taken of that.

Victims must have as much notification as they require. The present system is more than satisfactory. Leaving aside the issue of resources, which is important, what would worry me is that if we made it too bureaucratic, everything would have to be ticked off by legal teams parsing and analysing whether everything had been done in accordance with the statute. To a certain extent, one would leave out the flexibility there, in particular in regard to NGO groups which, despite more difficult economic circumstances, are very well funded by the Commission for the Support of Victims of Crime, which is funded by my Department.