Seanad debates

Wednesday, 27 September 2017

Criminal Justice (Victims of Crime) Bill 2016: Committee Stage

 

1:50 pm

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

I do acknowledge that there are other bodies who investigate and prosecute. There are many of these, about 30 altogether. The majority investigate and prosecute offences of a more regulatory nature which, as the Senator said, do not have direct victims in the same way as offences investigated by the Garda Síochána. The approach we are taking in this Bill is to focus on offences commonly understood to be criminal in nature, which are primarily investigated by the Garda Síochána. This approach is in line with the spirit of the EU directive and will provide rights to the vast majority of victims.

Regardless of the view that the scope of the Bill should be broadened to cover other bodies with investigative prosecutory functions, it could not be done by way of a general amendment. Each individual body with relevant investigatory or prosecutory functions would need to be identified and appropriate provisions made to apply the necessary sections of the Bill to that body, taking into account the powers, functions and organisational structures of the individual organisation. One would have to be very specific, and the amendment is not.

The law must be clear. The Bill imposes statutory responsibilities and it must be clear on whom those responsibilities are imposed and that they are the appropriate persons in any relevant authority, taking into account their particular roles and functions. This clarity cannot be achieved by a general provision such as that proposed in amendment No. 3.

I am sorry but I cannot accept the amendments for those reasons.

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