Seanad debates

Wednesday, 27 September 2017

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

 

2:20 pm

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

The Senator makes the point for me in many ways by saying that a person in an office will make the decision and that is sufficient information. I would hope that he or she would be encouraged to give as much information as is needed to a victim in the circumstances to enable the victim to decide whether to seek a review. That is what we are talking about here. It would be impossible for somebody to decide what somebody else might think is sufficient. What the Senator is now saying is that a person in an office, whether that be in An Garda Síochána or the DPP, should decide what is sufficient, which makes the amendment irrelevant in many ways, if that is the case, but we are not even saying that. We are not saying who decides. We are saying "sufficient information" and leaving it hanging there, so who makes the decision? Is it the victim? Can the victim say that he or she did not get sufficient information? One victim might say that the information received is sufficient while another might say that it is not. We have not defined it and do not know what it is. The Senator has been suggesting that it is somebody in an office who decides that the information is sufficient. I think it is unworkable as it stands and would ask that the amendment not be pressed. I am anxious to move on because this is very important legislation. There are 16 different subsections in this section dealing with information and it is quite detailed. The spirit of the Bill is that sufficient information will be supplied to enable victims to make a decision, which is what the Senator is seeking. I do not believe it is even necessary to insert this amendment into the legislation because the spirit of the Bill is to open the process up for people and to provide sufficient information. I cannot accept the amendment, not only because it is in the wrong place but also because it is so subjective that it would be unworkable. I ask that the Senators would withdraw the amendment so that we can move on and get the Bill through the Houses because people are waiting for this legislation.

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