Paul Gogarty (Dublin Mid West, Green Party)
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Question 80: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the significant disquiet on the part of victims' families at their treatment and exclusion from the legal process in criminal cases such as that of a person (details supplied); and his plans to ensure that victims' families are better treated in the judicial process. [5099/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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In many European jurisdictions, victims have the status of a party to the proceedings and there is a much closer relationship between the civil and the criminal law. This jurisdiction, however, has a common law system, where the victim is a witness to, but not directly a party in, criminal proceedings.

Provision for victims is made by a number of Government agencies as well as non-governmental organisations. The rights and entitlements of victims of crime in Ireland are set out in the victims charter, published by my Department in 1999, following extensive consultations with all relevant agencies, including the courts, the Garda Síochána, the Irish Prison Service, the probation and welfare service, the State Prosecution Service and the Victim Support organisation. Victim Support provides support to victims of crime and their families through a network of volunteers nationwide. My Department has provided funding for its administrative and staff costs amounting to €5.3 million in the five years up to the end of 2004.

The charter makes specific provision for particularly vulnerable victims such as victims of sexual offences, domestic violence, elderly victims, victims with disabilities, and children. It also contains specific provisions in relation to keeping victims informed of the outcome of their complaints, the progress of any criminal proceedings, and the outcome of these proceedings.

Similarly, procedures put in place by the Garda authorities in relation to the victims of crime, which are set out in the Garda charter for victims of crime, provide that the gardaí will inform victims, where a suspect is charged, of the time, date and location of the court hearing of the charges against the accused.

It is my intention to arrange for a review of the provisions of the victims charter in the near future, in order to ensure its continuing relevance and effectiveness in providing for crime victims. As well as administrative and other provisions, the review will critically examine the deployment of resources to ensure that they continue to deliver maximum effectiveness as well as value for money.

The review will also have regard to the EU framework decision of 15 March 2001 on the standing of victims in criminal proceedings, which sets out to harmonise the treatment of victims of crime across the EU, to ensure that Ireland continues to meet its commitments in that regard.

In relation to the case which the Deputy supplied details of, I have had inquiries made into this case on several occasions and I have been informed that the Garda authorities are satisfied that this case was the subject of a full and proper investigation which resulted in a person being charged on the directions of the Director of Public Prosecutions and subsequently dealt with by the courts.

As the Deputy will be aware, the courts are subject only to the Constitution and the law and are independent in the exercise of their judicial functions. I have no function in relation to verdicts of the courts, nor is it open to me to intervene in court proceedings of this kind. I have been informed that the defendant in this case was acquitted on all charges by the jury who returned a verdict of not guilty.

I have also been informed by the Garda authorities that local gardaí have met the parents of the deceased on a number of occasions before, during and after the trial to explain the various legal procedures involved in the case and to assist them generally in any way they can incoming to terms with their son's death. Officials of my Department have also met the parents to explain the legal issues involved. I have no plans to change the law at present in relation to the legal process in criminal cases.