Jim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 204: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the measures he will put in place to provide for the interests of the victim in criminal cases; and if he will make a statement on the matter. [12968/07]

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

I wish to advise the Deputy that I am fully committed to giving victims of crime a central place in the criminal justice system.

The Victims Charter entitled "Victims Charter and Guide to the Criminal Justice System" provides a written framework of rights and entitlements against which crime victims can measure the level and standard of treatment received in their dealings across all sections of the criminal justice system. It sets out, from the victim's perspective: a general description of the overall criminal justice system; a concise summary of the role and functions of each of the main bodies/agencies involved; and the entitlements of the victim in terms of standards of treatment, rights and complaints procedures in each area.

A guiding principle of the Victims Charter is a commitment to giving victims of crime a central place in the criminal justice system. As indicated in the Charter, victims of crime are entitled to dignity and compassion from all the services involved in supporting victims of crime.

Against a background of a need to review the mechanism and services put in place by specific agencies to assist victims, in the context of the criminal justice system as a whole as set out in the Victims Charter and in the wider context of Ireland's obligations under the EU Framework Decision on the Standing of Victims of Criminal Proceeding, I established the Commission for the Support of Victims of Crime, CSVC, in March 2005. The members of the CSVC are: Mr Jim Mc Hugh, retired Assistant Commissioner, An Garda Síochána, Chairman; Ms Nora Owen, former Minister for Justice, Equality and Law Reform; Mr Sean Lowry, former head of the Probation and Welfare Service; Mr Michael Whelan, Gemini Consulting; and Ms Marian Finucane, broadcaster.

The CSVC has a three year remit to disburse funding for victim support measures and to develop a framework for victim services going forward. Its remit also includes the examination of all aspects of the provision of services for victims of crime within the criminal justice system. The CSVC is at present carrying out a comprehensive review of the effectiveness of the Victims Charter as part of its work programme.

In its first two years, the CSVC concentrated mainly on funding non-governmental organisations that provide front-line services to victims of crime, in order to ensure continuity of services to victims on the ground To date, it has allocated close to €1.5million in funding to organisations engaged in providing support to victims of crime. Such funding ranges from €4,000 to the smaller voluntary groups to €100,000 to the large well established non-governmental organisations.

As I understand it the CSVC, has recognised that one of the primary functions that an organisation supporting victims of crime can provide to a victim, is their support by way of accompaniment, where the victim has to attend Court. Such support can make a real difference to the experience that victim has in court and of court processes. In this regard, the CSVC prioritised the funding of activities at ground level that provide supports for victims of crime, such as court accompaniment services.

In addition to the disbursement of funds to organisations that support victims of crime, the CSVC is required to devise an appropriate support framework for victims of crime into the future. I am informed that the CSVC is currently actively engaged in this work.

The CSVC sees ongoing communication and co-operation between the organisations its funds and the criminal justice agencies as being essential to the provision of a successful support structure for victims of crime. Respect for the dignity, autonomy and rights of every victim are core values of those organisations and agencies. The CSVC works closely with them to ensure that the needs and concerns of victims of crime are addressed.

This greater focus on the importance of the victim is also reflected in the remit of the Commission on Restorative Justice, CRJ, which I announced on 11th March last. Restorative Justice is a victim and community orientated approach to criminal justice which puts the victim at the centre of the process, requiring the perpetrator to face up to the harm he or she has caused and repair or make good the damage done. The Commission on Restorative Justice is being chaired by Judge Mary Martin, a very experienced Judge of the District Court, and will report to me on how restorative justice can best be expanded in Ireland with appropriate structures and a sound funding base. In its terms of reference I have specifically asked the CRJ to seek out the views of victims and the potential impact for victims of the various restorative justice models under consideration. The CRJ has been charged to submit an interim report to me in 6 months and a final report before end 2008.

On the legislative side, I wish to inform the Deputy that Part 11 of the Criminal Justice Act 2006 provides for civil proceedings to address the anti-social behaviour by adults. Anti-social behaviour by children is addressed in Part 13 of the Act. This part empowers a senior officer of the Garda Síochána to apply to the District Court by way of civil procedure for a "civil order" which would prohibit a person from behaving in an anti-social manner. Prior to a senior officer applying for a civil order in respect of a person that individual must have been given a "behaviour warning" by a Member of the Garda Síochána. Section 113(2) defines anti social behaviour as behaviour that is likely to cause harassment, distress, intimidation, or fear to persons who are not of the same household. Effectively the anti-social behaviour is defined by the perspective of the victim, and it is the victim who initiates the process by complaining to the Gardaí.

Section 25 of the Criminal Justice Bill 2007 which is currently before the Oireachtas provides for a Court to make a "crime prevention order" on an individual. Under 25(2)(a) that order may specify conditions that are necessary to ensure that persons who are likely to be adversely affected by the presence of the offender are protected.

The Criminal Law (Trafficking in Persons and Sexual Offences) Bill, which is at present being drafted in the Office of the Parliamentary Counsel, contains several provisions protecting children and other vulnerable persons from sexual abuse and exploitation. In particular, it introduces a harassment order under which the court can prohibit a person convicted of a sexual offence from doing anything, or going anywhere, which the court is satisfied would cause the victim or any other person fear, distress or alarm or which would amount to intimidation.

The General Scheme of the Bill, as approved by Government for drafting, can be accessed on my Department's website.