Ruairi Quinn (Dublin South East, Labour)
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Question 138: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when he will implement section 16 of the Criminal Evidence Act 1992 which provides that a video recording of evidence given by a person under 17 years of age in respect of sexual or violent offences shall be admissible as trial evidence; and if he will make a statement on the matter. [30623/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Section 16 of the Criminal Evidence Act, 1992, as amended, makes provision for the video recording of any evidence given, in relation to a sexual offence or an act involving violence, by a person under 17 years of age through a live television link in proceedings relating to indictable offences. The relevant subsection — (1)(a) — was commenced in 1993. It will be noted that this subsection covers persons under 14 years of age also.

Section 16 also makes provision — in subsection (1)(b) — for the video recording of a statement made by a person under 14 years of age (in respect of whom a sexual offence or an offence involving violence is alleged to have been committed) during an interview with a member of the Garda Síochána or any other person who is competent for the purpose. It provides that such a video recording shall be admissible at a trial as evidence, provided that the person whose statement was video recorded is available at the trial for cross examination.

My predecessor as Minister for Justice, Equality and Law Reform established a committee in 1998 to draw up guidelines for persons involved in video recording interviews with a complainant (aged under 14 years of age or with an intellectual disability) in relation to a sexual and/or violent offence during an interview with a member of the Garda Síochána or other person competent for the purpose, as he considered that it would benefit complainants and interviewers if good practice guidelines on the conduct and recording of such interviews were made available. This committee subsequently submitted in 2003 advisory Good Practice Guidelines with related recommendations.

The Guidelines cover a number of areas. In addition, the committee made a number of recommendations, including recommendations that:

there should be sufficient suitable facilities available for video recording evidential interviews;

there should be a joint national programme in place for training interviewers, which should be regularly reviewed. In tandem with this, there will be a need for a national training programme for all professionals who are likely to have reference to the Guidelines.

Devising new mechanisms to oversee the implementation of the Good Practice Guidelines and associated recommendations by the Gardaí and the health authorities requires input from a number of Departments and agencies, including the Health Service Executive, the Garda Síochána, my Department and the Department of Health and Children. This view is shared by the Department of Health and Children.

My Department obtained the views of the Health Service Executive on the most effective mechanisms to oversee the implementation of the Guidelines and associated recommendations, including the issues of how a joint national training programme might be developed by the agencies involved and how suitable places to conduct interviews of the type in question might be made available. My Department also obtained the views of the Garda Síochána.

The advice received is that Garda stations or Health Centres or other such facilities would be inappropriate places in which to conduct such interviews. However, the Probation Service has identified suitable accommodation in one of its premises in Dublin. The Office of Public Works has been informed, and an architect and electrical engineer have been appointed to work on the project.

Work is proceeding on drawing up a specification for the facility. As part of this work, arrangements are being made by the Health Service Executive to view a care suite in Northern Ireland, receive an overview on training and other relevant service issues. In addition, the HSE is arranging for the viewing of a similar facility in this jurisdiction which is used for therapeutic purposes. The HSE is also in contact with the Irish network of professionals working in child sexual abuse assessments.

I attach the highest importance to the setting up of this facility.