Joe Sherlock (Cork East, Labour)
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Question 59: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the renewed call from the chairwoman of the Dublin Rape Crisis Centre for victims to be legally represented at rape and sexual assault trials; his views on this call; his further views on the statement made by the chairwoman that courts are perceived as being unfriendly to victims of crime; the steps which are being taken to address this situation; and if he will make a statement on the matter. [21472/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I can inform the Deputy that the Sex Offender Act 2001 provides for separate legal representation for complainants in rape and other serious sexual assault trials where an application is made to the court in the course of the trial to adduce evidence or cross-examine on the subject of the complainant's past sexual history. When preparing this legislation the legal advice available to my Department was that there would be constitutional impediments to full separate legal representation for the duration of a trial. The 2001 Act measures represented a serious effort to allay some of the concerns of complainants in such trials without breaching a fundamental principle, the right of an accused person to a fair trial.

The Deputy may also wish to note that legal advice, as opposed to representation, is also available, through the Legal Aid Board, to complainants in rape and certain sexual assault cases. This service is currently subject to a means test and persons who satisfy the financial eligibility criteria are provided with this legal advice free of charge. I can inform the Deputy that I have recently decided in principle that this service should be provided without a means test and I intend to seek Government approval to the inclusion of a provision which would give effect to this in a suitable legislative instrument in the near future.

In so far the comments attributed to the chairperson of the Dublin Rape Crisis Centre regarding the perception of the courts are concerned, the position is that the Courts Service has invested significantly in upgrading facilities for all users of the courts including provision of victim support rooms. In this regard the proposed criminal court complex in Dublin will provide several victim support suites for all victims of crime. The Courts Service is also reviewing the size of courtrooms in new developments so that victims and their families can be separated from the accused and his or her family. I would also like to draw the Deputy's attention to the funding recently announced by the Commission for the Support of Victims of Crime to provide for court accompaniment services. Women's Aid has been allocated €28,000 to assist in providing such a service to victims of domestic violence and the Rape Crisis Network is to receive €50,000 for accompaniment of victims of sexual violence.