Victor Boyhan (Independent) | Oireachtas source

I thank the Minister of State, Deputy Stanton, for a comprehensive overview of the Bill which clearly sets out many of the points involved. As a group of Independent Senators we will be bringing forward a number of amendments on Committee Stage. We are working on them. We have been talking to and engaging with a number of organisations which represent victims of crime. When talking to victims, one learns at first hand of their personal experiences and of some of the nuances of things that we, as legislators, perhaps do not always think about. The key message I take from what the Minister of State has said, and the message which is already in the Bill, is that this is about a voice for the victims. This is to empower victims and to give them a voice. This is about dealing with their concerns in an appropriate and timely manner. That has to be welcomed.

Clearly, the objective of this Bill is to transpose into Irish law the 2012 EU directive which established the minimum standards for the rights, supports and protections of victims of crime. When one looks through the Bill and teases it out in simple language, which is also very important, it introduces statutory rights for victims of crime for the first time. It introduces and talks about the establishment of a statutory definition of a victim for the first time. It provides victims with a right to certain information about their case from when they first make contact with the competent authority. It is worth mentioning the competent authority because I will be returning to that concept to clarify and qualify it in a moment. The Bill allows the victim to make a complaint about any investigation during the criminal proceedings and following a conviction, if applicable. It allows a victim the right to request a review of a decision not to proceed with a prosecution made by the Director of Public Prosecutions, the DPP, or by An Garda Síochána. It makes provision for a victim to avail of protection measures during investigation and criminal proceedings. It provides that all victims must be individually assessed to ascertain whether they would benefit from the protection of special measures during an investigation. That must be welcomed.

It provides victims with a right to avail of interpretation and translation services. The Minister of State spoke about language and about being listened to, heard and understood. That is very important in terms of victims telling their stories. The Bill makes certain important amendments and makes provision for giving evidence in court from behind a screen, via in intermediary or via a television link-up. That is also an important measure.It extends the right of giving victim impact evidence to any person who has suffered harm as a direct result of a criminal offence. This is right, appropriate and important.

I will make two or three other points on which I have been advised and I want to share it with the Minister of State. Article 4 of the victims' directive relates to the right to information and provides that all victims of crime have the right to certain information on first contact with the competent authority. I mentioned that a moment ago. The competent authority is not defined in the victims' directive from the European Commission, with justice guidelines giving an indication of what should fall within the definition. The term "competent authority" is broader than "the law enforcement authority", or police in this case. The competent authorities acting in criminal proceedings under this directive are determined by national law. This does not exclude, for example, customs or border agencies if they have the status of law enforcement authorities under national law.

Will the Minister of State clarify that the Criminal Justice (Victims of Crime) Bill only applies to investigations conducted by the Garda and the Garda Síochána Ombudsman Commission and that it only deals with those two groups? Such a restriction prevents victims from accessing criminal prosecution in any other form of prosecution or investigation; any statutory authority with the potential power to prosecute a criminal offence would fall under the remit of section 4 of the victims' directive, dealing with the right to information. There is a significant list of bodies falling within that remit, including but not limited to the Health and Safety Authority, HIQA, Tusla, the Health Service Executive and ComReg, for that matter. These bodies have the power to investigate and prosecute criminal offences. Victims should be provided with information from these prosecuting authorities in accordance with Article 4 of the victims' directive. Will the Minister of State consider a recommendation that "investigating authorities" should be substituted in the Bill in place of mentions of the Garda Síochána and Garda Síochána Ombudsman Commission? It is an important issue that I am putting to the Minister of State at this early stage so he might reflect on it.

I will also speak about reporting on training given to gardaí and authorities, which is important. There are clear measures regarding reporting and training for Garda authorities. The victims' directive states: "Without prejudice to the judicial independence and differences in the organisation of the judiciary across the member states, member states should request that those responsible for the training of judges provide general and specialist training to increase the awareness of judges and prosecutors for the needs of victims." There is a Government proposal for a judicial council, and potentially it is an area that such a judicial council could look at. It is certainly envisaged in Mrs. Justice Susan Denham's recommendations for judicial council. The Minister of State might bear that in mind. Of course judges must have ongoing training, which is important, and I do not suggest they would not want it. They would want it.

There is the issue of access to information. Throughout the Bill, references to the Garda Síochána should be replaced with references to the "investigating authority". This matter was raised by a number of groups and it did not originally come from me. It is something the Minister of State might take on board. There is mention of referral of support and information services. The Bill indicates gardaí "may" refer a victim to support and information services, meaning it is ultimately discretionary. I suggest this could and should be changed to "shall". The Minister of State might also take that on board.

I will wrap up with a final request that has been asked of me. There is an idea of a one-stop shop for victims of crime and a designated ombudsman to deal with such issues. The Minister of State indicated, as mentioned in the Bill, that we must never forget the victims of crime, and children and minors, in particular. We are seeing a growing number of them being affected by serious crimes. There is a case for specialist support and training for this particular category. All victims suffer and need support. In essence, this is good legislation. It may need some tweaking and that is what the parliamentary process is about. I wish the Minister of State well.