Tony Gregory (Dublin Central, Independent)
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Question 487: To ask the Minister for Justice, Equality and Law Reform if there is provision whereby representatives of a local community may apply to the court to make a victim impact statement in the case of a person charged with a serious offence who has subjected that community to sustained serious anti-social behaviour and intimidation; and if he will make a statement on the matter. [28647/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Deputy's question calls for a consideration of the definition of "victim" in the context of victim impact statements and raises the question of whether the definition should be extended to such an extent that, in at least some instances, the local community could be regarded as a "victim". The relevant legislation on the issue, section 5 of the Criminal Justice Act 1993, foresees that only those directly affected by the crime may be regarded as victims. The section specifies that a victim impact statement may be delivered by or on behalf of the living victim of a variety of crimes that are listed in that section.

However, no legislative provision exists that permits the family, friends or other associates of a victim to give or make a statement. Nevertheless, a practice has developed, especially in homicide cases, by which a sentencing judge may exercise a discretion to permit a victim impact statement to be made by or on behalf of the family or friends of a victim (as, of course, the direct victim is not alive). I have asked the Department to reflect on the question of victim impact statements, taking account not only of issues raised by the recent debate on the subject but also of the recommendations of the Balance in the Criminal Law Review Group, chaired by Dr. Gerard Hogan SC, in its report earlier this year.

The Review Group made a number of very helpful comments. In relation to the current arrangements under section 5 of the 1993 Act, it suggested 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. 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 reasonably possible to have his or her experiences taken into account. 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 Deputy 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.