Pádraic McCormack (Galway West, Fine Gael)
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Question 33: To ask the Minister for Justice, Equality and Law Reform the action he will take to enhance the rights of victims, and in the case of murder, their families, within the criminal justice system; and if he will make a statement on the matter. [14120/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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As the Deputy may already be aware against a background of a need to review the mechanisms and services put in place by specific agencies to assist victims of crime, my predecessor established the Commission for the Support of Victims of Crime (CSVC) in March 2005. The CSVC was established with a three year remit to disburse funding for victim support measures and to develop a framework for victim services going forward. I have been advised that over the last three years the CSCV have made funding available to organisations who support victims of crime including Support After Homicide and Advic, which are respectively a support group and an advocacy group for families affected by homicide.

As the Deputy will be aware, as early as my first public engagement as Minister for Justice, Equality and Law Reform, I announced my intention of moving ahead with measures to enhance support for victims of crime, which would include families affected by homicide, consistent with the commitment contained in our Programme for Government.

I understand that the CSVC is now finalising its work in proposing an appropriate support framework for victims of crime into the future. After meeting with the Commission late last year, I formed the view that this framework document will provide important insights into how support for victims of crime might be developed into the future. I propose, therefore, to await the outcome of the Commission's deliberations before deciding on what changes — if any — to present arrangements would be desirable.

Pending finalisation of this process, I have decided to extend the term of Office of the Commission. I am happy to say that the members of the Commission have graciously indicated their willingness to remain in Office. I would, however, like to take this opportunity to place on record my gratitude and that of the Government to the members of the CSCV for the very valuable public service that they have performed over the last three years and for their willingness to continue in Office.

My Department is also currently reflecting on the question of Victim Impact Statements, taking account not only of issues raised by the public debate on the subject but also the recommendations contained in the 2007 report of the Balance in the Criminal Law Review Group which was chaired by Dr Gerard Hogan, SC.

The Review Group made a number of very helpful comments. 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 such as the family members of victims of homicide.

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.

Any proposals for the improvement of the current system will need to ensure that the victim is allowed as much opportunity as is reasonably possible to have his or her experiences taken into account while also ensuring that, in the interests of all parties, the integrity of the criminal process is preserved and that due process continues to be observed.

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.