David Stanton (Cork East, Fine Gael) | Oireachtas source

As always, I am very impressed with the work and thought that Senators have put into this legislation. I listened with interest to what Senators had to say about the Bill and thank them all for contributing to the debate. I am very pleased and grateful that the Bill enjoys wide support in the House. The Bill has already been improved by the contributions that Members made in the other House. I know that the Minister is open to considering proposals that would further improve the Bill and the rights and protections for victims, which it provides. That is the bottom line.

Senator Wilson asked for the number of European Union countries that have transposed the directive. I am not sure but we will get that information to him at some stage. As Senators will know, the Brexit situation is changing all the time but there have been developments today. I understand that the UK has transposed this directive into national law. The directive may not be in force in the UK after Brexit but victims' rights are protected under national law. None of us knows how Brexit will play out. I hope that my response has answered the question raised about Brexit.

Senator Wilson also mentioned that appearing in court is a daunting experience, and Senator Bacik and other Senators made the same point.

Senator Boyhan said he will table amendments and I await them with interest. He said the voice of victims and the definition of "victim" are important. He also made a point about a competent authority, and Senator Bacik also raised the matter. We are talking about expanding the scope of the Bill to other investigating and prosecuting authorities. It has been suggested that the scope of the Bill should be expanded to include other bodies with a role in the investigation or prosecution of a criminal offence. I do not believe that is required by the directive. The EU directive is targeted at criminal offences. Under continental justice systems, there is generally a distinction made between criminal offences and civil and administrative offences. The same distinction is not present in this jurisdiction. That does not mean the directive should have a much wider application here than in other member states. For that reason, the Bill focuses primarily on applying the provisions of the directive to victims of criminal offences that are reported to the Garda.

I acknowledge that other agencies and bodies have investigation and prosecution functions such as local authorities, some Departments, specialist authorities, Revenue, etc. To cover all those agencies would go far beyond the intended scope of the directive and it might not be of great help to victims. We can discuss the matter further if amendments are tabled. I suggest that Senators reflect on what I have said. The term "investigative bodies" is very general. I suggest that Senators specify each one but then that might pose other difficulties.

Senator Ó Donnghaile mentioned that the mandatory referral of victims to support services is required. That is not the case under the directive. The directive requires member states to facilitate the referral of victims to victim support services. This is implemented in the current legislation by requiring the relevant authority to offer every victim information on services that provide support for victims of a crime and in section 6(8) by establishing a system whereby a victim can be directly referred to a victim support service where that is necessary. We must bear in mind that a system that provides every victim with information about victim support services, and directly refers only those who have a particular need of such referrals, strikes the appropriate balance and meets the needs of victims and respects their autonomy. One must recognise that not all victims, especially those in the case of minor crimes, will require specialist support. We must strike a balance and I suggest we tease out the matter.Senator Martin Conway mentioned the Irish Tourist Assistance Service, which is still in operation and doing a very good job. I recall its representatives appearing before the Joint Committee on Justice and Equality and making a very strong case for the important work it does.

I have listened carefully to the contributions of all Members. The interesting points made by Senator Ivana Bacik about the protected rights of accused persons should be reflected on and considered in looking at how the rights of both the victim and the accused are protected during cross-examination, particularly in view of the adversarial nature of the justice system.

I thank Senators for their contributions and support in what has been a very interesting debate. I look forward to the issues raised being discussed on Committee and Report Stages. I am unsure whether it will be me or the Minister who will be present, but there has been a good debate on the very important issue of victims being looked after, informed, having a voice and being protected. In that regard, it is always important to have adequate resources available. As I said, much of this is happening on a non-statutory basis. A lot of good work has been done and resources have been allocated, but there can never be enough. There will always be a need for more, no matter how many are made available. The Government is committed to providing support in dealing with this very important issue. Similarly, restorative justice which was also mentioned is important and part of the matrix in assisting and helping people in working their way through the criminal justice system.

I again thank Senators for their contributions and wish the Cathaoirleach well during the summer break.