David Cullinane (Sinn Fein)

I move amendment No. 2:

In page 5, between lines 24 and 25, to insert the following:

"(iv) having considered a victim impact statement prepared by the victim of a crime, where applicable, if said victim so wishes to furnish such statement,".

The issue of victim impact statements was raised with me by various interested individuals from outside the House. I have used the phrase "where applicable" because in some cases it may not or will not be applicable to make provision for such statements. Moreover, what is proposed will only apply where the victim wishes to furnish a statement. When a community service order is made, the probation officer must draw up a report. It is not unreasonable that the victim should be provided, as part of that process, with a mechanism to contribute by way of a victim impact statement. It could be argued that this would constitute a form of restorative justice and an appropriate and important measure for both the accused person and the victim.

There has long been discussion in legal circles in regard on the problem of the estrangement of victims within the criminal justice system. I have heard the Minister speak about this in recent years. Society's primary concern in regard to the administration of justice is that we receive protection from criminals, but it is also important that victims are placed at centre stage in the justice system. Victim impact systems can help to remedy the estrangement experienced by many victims within the judicial process.

Every crime has a victim. As such, the effect of the crime on the victim should at least be a consideration where a judge is leaning towards the imposition of a community service order rather than a prison sentence. We must examine the possibility of including victim impact statements as part of the process of determination of an accused person's suitability for community service. It may be the case that the effects on the victim of the actions of the accused are such that it is not appropriate for the latter to be at large in the victim's community. Naturally, the judge's discretion in this matter will be retained, but he or she should have the opportunity to take such factors into consideration. I appreciate the point made by the Minister on Second Stage that this legislation relates to offences on the lower end of the scale whereas victim impact statements generally apply to specific, more serious offences. Nevertheless, we should consider whether there is scope for the provision of such legislation under the terms of the legislation.

It is crucial that we seek additional ways to make victims of crime more involved in the criminal justice system generally. Victims want to play a part and to have their say. No matter what the crime is, that opportunity should be open to individuals. Victim impact statements could form part of what the Minister is intending to do in the area of community service orders. There is always room for improvement in ensuring victims have a greater voice and that their account of their experience of crime is an integral part of the criminal justice system.

It could be argued that the victim's experience of the crime suffered is an integral part of the criminal justice system. The victim is looking for justice and that is what the justice system is about. Those who are guilty of offences should be subject to the law of the land and the victims should be protected and should receive justice. The best way to ensure a victim receives justice is to make a victim impact statement and give an account of the experience. I ask the Minister to accept this amendment. We also tabled this amendment in the Dáil in the hope the Minister would accept it. We are always hopeful that the Minister is open to persuasion. Whoever he is texting on his mobile phone may be able to persuade him.