Averil Power (Fianna Fail) | Oireachtas source

I accept that the Minister of State is responding on behalf of the Minister for Justice and Equality, Deputy Shatter. I welcome the fact that change in the 1993 Act on financial compensation will be considered. As far as I am concerned it must be changed. I do not see a case for leaving it as it is. It is never appropriate to give financial compensation in an assault case, be it sexual assault or other form of assault such as domestic violence. At the least, it should not be possible to do so without the consent of the victim. If a victim speaks about her ordeal, be it rape or sexual violence, in court and says she objects to financial compensation it should not be possible for the attacker to get off with the payment of a fine or compensation instead. It makes a complete mockery of the seriousness of the crime.

I welcome the fact that such a change is being considered and I hope the legislation will be changed as soon as possible. At the outset the reply stated that it is up to the courts to decide on sentencing. Of course that is true, but we set out penalties in this House and it is up to the Legislature to decide on appropriate penalties and what the spectrum of penalties should be for given offences. It is our job and responsibility to decide on the issue and it is beyond time that we stood up and said that financial compensation is not appropriate in such cases and that we would change the legislation as soon as possible.