Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Mura miste leis an Chathaoirleach, tá mé dul an óráid seo a léamh ón táibléad. Ní raibh seal agam é a chló, ar an drochuair. I welcome the Minister of State to the House and ask for his indulgence as I will be reading my speaking notes from my tablet.

Sinn Féin welcome this Bill, which should have been introduced a long time ago because the deadline for implementation by this State of the EU victims' rights directive 2015. There is no excuse for this delay.

The Garda Inspectorate report 2014 outlined serious deficiencies in An Garda Síochána's approach to the victims of crime. The report also noted that while front-line gardaí and detectives may recognise and believe in the importance of keeping victims updated, they often could not find the time to do so. Much of this is down to resources. The success or otherwise of what is provided for in this legislation will also hinge on whether there are resources to follow it.

Too often, initiatives by this State in the criminal justice area are more about being seen to be doing something rather than having an impact on the original objective. There is a danger that if victims' rights are not resourced adequately this legislation will fall into the same category. Up to now, there has been an inconsistent approach in the manner in which gardaí have updated victims and there are no official guidelines on how and when this should take place. The EU victims' rights directive is a useful mechanism to frame practice in this area. I urge the Government to ensure that this legislation complies with what is required by the directive. Once the requisite changes are made to ensure it is compliant, I would urge the Minister to publish an implementation plan to demonstrate how it will be work in practice.

In my role as a public representative I have had interaction with people who have been victims and not sought assistance because they felt they were not listened to by the authorities. This will be an increased feature of public life given that people are becoming more uncomfortable with the idea of speaking out when they have been wronged by employees organisations that are agents of the State and those charged with investigating crimes, including not only members of An Garda Síochána but members of the Health and Safety Authority.

Too often people struggle not only as a consequence of the crime perpetuated against them but also as a consequence of their not being listened to or not receiving support in the aftermath. Historically, the emphasis in the criminal justice system has been solely on the rights of the accused and the rights of the prosecution, with victims merely playing the role of witness to the crime perpetrated against them. Sinn Féin is not seeking a fundamental alternation of the mechanisms of the criminal justice system, rather it is seeking to ensure that the rights of victims of crime in criminal proceedings are upheld. It is Sinn Féin's view, and the view of the EU, that the State has an obligation to uphold these rights. I know that the Minister of States accepts this. The victims' rights directive, if implemented in full, would give the victims of crime a codified set of rights, supports and protections to safeguard them and their families in criminal law proceedings.

Sinn Féin commends the victims' rights movement in Ireland but we do not want to see their legitimate concerns and calls for victim protections appropriated by the introduction of what effectively boil down to legislative soundbites. It is unfortunate that we are not dealing with the parole Bill in tandem with this legislation. We are constantly hearing that An Garda Síochána does not have the resources to do many things. How can it be expected to effectively assist victims when resources is an issue? This Bill is a good move but I believe it falls short of what is needed. For this reason, I ask the Minister of State to consider the formulation of an implementation plan.

Where a victim has consented to referral to a victim's support service but the garda involved in the case "could not or would not" make this referral, there is the potential that the victim will feel the same as he or she would have had the legislation never been passed, re-victimised and ignored by the system which is meant to assist him or her. The directive is clear on this issue. For this legislation to comply with it, that wording would need to change. Where consented to, referral must not be open to discretion. If this is to be recognised as a right, then it cannot be dismissed owing to the State's unwillingness to allocate the resources to uphold it.

There is no statutory scheme for restorative justice in this State. We welcome that Report Stage of this Bill allowed for the inclusion of the scheme sought by Sinn Féin. It was hard fought. We need a restorative justice scheme and we need it to be effective in meeting the needs of victims and ensuring that offenders are accountable for their deeds in a way that will reduce re-offending. Resources and training will be key in this regard. Sinn Féin sees an increasingly important role for restorative justice in the justice system of a future united Ireland. We know that in many cases it is more socially effective than retributive justice as it results in higher victim satisfaction, lowering instances of repeat offending and greater chances of offenders' rehabilitation and reintegration into their communities.