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

Amendment No. 7 provides that the prosecutor shall inform the court of the outcome of an assessment where the assessment has identified special protection needs. It is not entirely clear what is meant by the outcome of the assessment. If the outcome of the assessment is understood as the report of the results of an assessment and that report were to be given to the judge, there would also be an obligation to disclose it to the defence. Assessments will frequently contain sensitive and confidential personal information regarding the victim and his or her personal circumstances, including vulnerabilities to victimisation and intimidation. I am sure Senators would agree that it would be highly inappropriate for such information to be disclosed to the defence. The Bill has been drafted very carefully to prevent assessment reports from becoming part of the criminal proceedings to prevent disclosure to the defence and any possible cross examination of the victim regarding its contents. Assessments may also contain information on previous offences or other previous conduct by the accused which pose a risk to the victim. If the case were a summary case, it could be prejudicial to the rights of the accused as the judge would have been provided with detailed information on the victim, the offender and the offence from the victim's perspective.

If outcomes are intended to be limited to the details of the special measures which have been identified as being of benefit to the victim, this would need to be clearly defined in the amendment. In any case, it is difficult to see what benefit there is to the victim if the details of the special measures, but not the reasons the victim might needs them, are provided to the court. It would be impossible for the court to make a determination on whether the measure was required without further details. In addition, many of the special measures concerned require an application by the prosecution so that the court would not be in a position to act on the assessment in the absence of such an application.

This amendment, while well intended, lacks clarity and carries a significant risk of curtailing the assessments themselves and requiring the release of sensitive personal information to the defence which includes potentially prejudicial information to the court. We have to be very careful and this Bill have been very carefully drafted. There are huge risks in this amendment even though it is well intended. I know what the intention is but it contains massive risks. Again, I ask the Senators to reconsider pressing the amendment.