Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

Question 125: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when he intends to implement section 16 of the Criminal Evidence Act 1992 that provides that a video recording of any evidence given by a person under 17 years of age in respect of sexual or violent offences shall be admissible as trial evidence; the reason for the long delay in bringing this provision into effect, having particular regard to reduce the potential stress for young persons giving evidence in cases involving sexual offences; and if he will make a statement on the matter. [36245/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

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.

I wish to assure the Deputy that I attach the highest importance to the setting up of these facilities. Officials from my Department are actively working on setting up these facilities in conjunction with An Garda Síochána, the Probation Service, the Office of Public Works and the Health Service Executive. My Department plans to have a network of suitable facilities to video record evidential interviews established at a number of locations throughout the country early in 2007. The Probation Service has identified suitable accommodation in a number of its premises. Arrangements are being made to view this week a similar facility in this jurisdiction which is used for therapeutic purposes and also a facility in Northern Ireland, and receive briefing on training and advice on other relevant service issues such as equipment and fitting out. A specification for the facilities will be drawn up soon after, on the basis of which suitable accommodation will be identified. Work will then commence on fitting out and equipping the facilities.

The Garda Síochána is arranging for the training of a number of selected officers to enable them to conduct such interviews in accordance with good practice. It is expected that this training will be completed in January.