Seanad debates
Wednesday, 2 December 2009
Criminal Procedure Bill 2009: Committee Stage (Resumed)
12:00 pm
Eugene Regan (Fine Gael)
The Minister said my intervention suggested there were no legislative provisions for the victims of crime. In fact, that is my point. There are legislative provisions for the victims of crime and what I suggest with these amendments is that we complete the process. The framework decision, which this country is legally obliged to implement, recognises that victims should have rights in the criminal process. The Minister is saying that is fine but that we will do it on an ad hoc basis and administratively by way of a voluntary code. What that really means is that the victims will have rights but they will not be enforceable. That is the key distinction the Minister is overlooking.
There are commitments in the victims' charter but it is only a charter and has no statutory basis which would ensure there would be recourse to the courts if the rights of victims were not adhered to. The point the Minister made was that we do not want lawyers in on this and a procedure where the rights of victims would be enforceable.
There is no doubt the Irish criminal legal system is quite distinct from that of continental Europe.
It is a distinction which should not be used to suggest that we have a superior criminal law system. Given the current breakdown in law and order and the increase in crime figures, I do not think our criminal legal system is of the highest standard or should be regarded as immutable by European best practice.
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