Alan Shatter (Dublin South, Fine Gael)

I thank the Senator for raising this issue. I have a particular interest in ensuring we put victim interests centre stage and in addressing some of the gaps in our legislation with regard to victims and their rights. I published two Private Members' Bills in this area and a victims' rights Bill is to be prepared and I hope it will be published in 2012. It is one of the priority measures in the Government programme for law reform agreed between the Government parties, Fine Gael and the Labour Party.

I cannot accept the amendment. Under the Criminal Justice Act 1993, as amended by the Criminal Procedure Act 2010, a court shall, in determining sentence to be imposed, take into account, and may, where necessary, receive evidence or submissions concerning any effect, whether long term or otherwise, of the offence on the victim. The court shall also, upon application of the victim, hear evidence from that person as to the effect of the offence on such person.

The 1993 Act, as amended, applies to a range of offences against the person, namely, sexual offences, offences involving violence or the threat of violence to a person, an offence under the Non-Fatal Offences Against the Person Act 1997 and an offence consisting of attempting or conspiring to commit or aiding or abetting the commission of the aforementioned offences. In effect, where sentence is being imposed for one of the above-mentioned offences, the victim may apply to the court to be heard by it in respect of the effect of the offence on the victim and, when so requested, the court is required to hear that person.

The impact of the proposed amendment would be to extend, in respect of the offences to which they would apply, the use of victim impact statements beyond that provided under the 1993 Act. At the same time, the amendment would limit this extension to circumstances where community service is being considered, which would be inconsistent. I do not consider this an appropriate amendment to the existing use of victim impact statements. A Bill concerned with increasing the use of community service is not the right mechanism for making changes to victim impact statements. Any extensions or amendments to the use of victim statements could properly be considered in the context of the Criminal Justice Act 1993 or in the context of legislation to deal with victims' rights. In the context of the victims' rights Bill, it is my intention to review the current law that applies to the use of victim impact statements and the making of such statements. I hope to publish the Bill in 2012. There is scope for the greater use of victim impact statements but there are certain types of offences to which a victim impact statement is not relevant. We must ensure we do not overburden the courts to hear statements that are of no great relevance, where they may not be required and in circumstances where victims may have no interest in making such statements. I would like to see this area dealt with in a broad sense. Within the victims' rights legislation there may be an all-embracing, comprehensive provision dealing with victim impact statements and addressing the circumstances in which it is appropriate to extend them so the court is aware of the impact of particular offences on victims when considering sentencing options.

In considering options, the court must consider a broad range of issues, not just the impact on the victim of a particular offence. The impact on a victim may not only derive from the nature of the offence but may be partly or substantially influenced by the unfortunate victim's history, by other issues in the victim's life or background and this could result in what would generally be understood to be a minor offence having an impact that could not readily be anticipated or understood. These are matters we must address carefully so there is a balance in how we approach it. It has long been my view that the position of the victim must be strengthened and some of the changes I have been advocating have been implemented in recent times. Some have not been implemented and at European Union level there is work under way to provide European Union regulation on victims' rights. A framework document has been in existence since 2001 and discussions are ongoing in order to ensure victims of crime are treated uniformly across the European Union. I have been at a number of meetings of the European Council of Justice Ministers and at informal meetings where the substance of the regulation was under discussion. It has been published in draft form and work remains to be done on it. The work I intend to develop in my Department will also be influenced by the work at European Union level. It is important to have uniformity of approach. I hope the work we are doing will ensure the best possible regulation is adopted at European Union level. I cannot accept this amendment.