Pat Rabbitte (Dublin South West, Labour)
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Question 50: To ask the Minister for Justice, Equality and Law Reform if he plans changes to the victim impact statement system; and if he will make a statement on the matter. [27362/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Victim impact statements are among the most effective mechanisms available to ensure the interests and concerns of the victims of crime are brought to bear on the criminal justice process. As section 5 of the Criminal Justice Act 1993 puts it, the court, before passing sentence, is required to take into account any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed. This is one of the rare instances where the court is specifically directed as to a matter to be taken into account at the sentencing stage; courts otherwise (other than in murder cases) have a very large measure of discretion as to the matters to be considered in the context of determining the appropriate sentence. As a result of the procedure under section 5 of the 1993 Act, victims can expect to have a level of involvement beyond that of a mere witness.

I am, of course, aware of the recent debate about victim impact statements and I have followed it closely. As we are all aware, the debate arises from a particularly difficult and tragic case. In those circumstances, I felt it was better for me as Minister not to become involved in the discussion. That is not to say that I or my Department are not reflecting on the issues and may, if considered necessary and appropriate, bring forward proposals which will address any defect in the current arrangements or which may enhance further the role of the victim.

The reflection I have referred to takes account not only of the recent debate but also includes consideration of the very helpful comments made by the Balance in the Criminal Law Review Group, chaired by Dr Gerard Hogan, SC, in its report earlier this year. In relation to the current arrangements under section 5 of the 1993 Act, the Review Group suggests the section may be too restrictive in so far as it permits a statement by or on behalf of the direct victim only. It suggests there is a case for expanding the definition of 'victim' to include other persons intimately affected by the crime. I would note that this is frequently the case in homicide cases where the victim is, of course, unavailable but a close relative is, at the court's discretion permitted to make or provide a statement.

The Review Group also goes on to discuss the possible use of victim impact statements at the parole or remission stage and places this issue in the context of restorative justice, i.e. the victim would have an opportunity to address the perpetrator directly, to make him or her realise more fully the harm that has been done.

In a further recommendation, the Review Group addressed the possibility of inappropriate use of statements and raised the possibility of restrictions on publication in certain circumstances, at the direction of the court.

I will continue to reflect on and consider how the current system can be improved. In my considerations, I will wish to ensure that the victim is allowed as much opportunity as is reasonably possible to have his or her experiences taken into account. But I must also ensure that, in the interests of all parties, we preserve the integrity of the criminal process and that due process continues to be observed.

The Deputies will appreciate the issues involved are complex and require careful consideration. It will therefore be necessary to take some time to ensure any proposals are appropriate and well grounded.