Seanad debates

Tuesday, 8 December 2009

Criminal Procedure Bill 2009: Report and Final Stages

 

4:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I move amendment No. 2:

In page 6, line 36, after "person," to insert the following:

"or any offence under the Non-Fatal Offences Against the Person Act 1997".

We had a full debate on the amendment on Committee Stage. The Minister might recall - certainly my notes indicate - that he accepted in principle the merit of the amendment, which proposes to extend the type of offence to which the victim impact statement procedure would apply beyond those offences involving violence or threat of violence to cover other offences within the Non-Fatal Offences Against the Person Act. I believe the Minister accepted that offences involving the infliction of, for example, emotional harm or psychological harm on victims could be covered. I believe I mentioned offences such as the abduction of a child under section 16 of the 1997 Act, which it seems to me probably would not be covered under the current definition.

I believe the Minister accepted in principle that these sorts of offences should be covered by the victim impact procedure and he indicated he would introduce a similar amendment or certainly an amendment to extend the definition of harm in this context. I am disappointed he does not have an amendment under this heading. I did not press the amendment on Committee Stage because I understood he planned on introducing something similar. I do not see why there should be a problem with it because it is very much in keeping with the spirit of the legislation and simply extends the type of offence to which the victim impact procedure could apply.

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