Victor Boyhan (Independent) | Oireachtas source

I move amendment No. 2:

In page 6, after line 37, to insert the following:“ “investigating authority” shall include any body which has the responsibility and/or the statutory power to investigate and/or prosecute a criminal offence;”.

I wish to be brief so I will not go on at any great length on the Bill noting its current state. I will take Members through the rationale behind the proposal. Article 4 of the victims' directive, the right to information, provides that all victims of crime have a right to certain information on first contact with the competent authority. The competent authority is not defined by the directive but the European Commission justice guidelines give an indication as to who should fall within this definition. The Criminal Justice (Victims of Crime) Bill 2016 only applies to the investigations conducted by the Garda or Garda Síochána Ombudsman Commission. Such a restriction prevents victims from accessing information 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 Article 4 of the directive, the right to information.

There is a significant list of bodies falling within the remit, including but not limited to the Health and Safety Authority, HIQA, Tusla, the Health Service Executive and ComReg. These bodies have the power to investigate and prosecute criminal offences. Victims who are natural persons should be provided with information from these prosecuting authorities in accordance with Article 4 of the directive. Similarly, where a competent authority is investigating or prosecuting an offence, it should be obliged to provide all the necessary information, support and protection that would otherwise be provided by An Garda Síochána if it prosecuted. That is the rationale and I would like to hear the Minister of State's comments. I hope we can have some support for it.