Written answers

Tuesday, 16 December 2014

Department of Justice and Equality

Victim Support Services

Photo of Robert DowdsRobert Dowds (Dublin Mid West, Labour)
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382. To ask the Minister for Justice and Equality her views on introducing legislation which will grant victims the right to request a review of decisions by the DPP not to bring forward prosecutions, in view of the fact that such a right is provided to victims of crime in other common law jurisdictions, such as in England and Wales; and if she will make a statement on the matter. [48339/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Office of the Director of Public Prosecutions by statute acts independently when deciding whether to prosecute. This means that no-one can direct that Office in relation to a prosecution. According to the Victims Charter the Office of the Director of Public Prosecutions will look again at a decision that Office has made with which the victim does not agree. Where a victim seeks a review of a decision not to prosecute I understand that an officer other than the one who made the original decision not to prosecute examines the file.

The EU Victims Directive states that Member States shall ensure that victims of crime, in accordance with their role in the relevant criminal justice system, have the right to a review of a decision not to prosecute. The procedural rules for such a review are to be determined by national law.

I understand that work is continuing in the Justice system, including in the Office of the Director of Public Prosecutions, to put appropriate arrangements in place to give effect to the provisions of the Directive. My Department is drafting legislation to transpose the Directive into Irish law and I expect that the Heads of a Bill will be published early in 2015. It is my intention to have legislation enacted to comply with the Directive by the November, 2015 deadline contained in the Directive.

Photo of Robert DowdsRobert Dowds (Dublin Mid West, Labour)
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383. To ask the Minister for Justice and Equality her views on bringing forward legislation which will require the DPP to provide reasons why a prosecution was not brought forward; and if she will make a statement on the matter. [48340/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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While responsibility for the Office of the Director of Public Prosecutions is not within my remit, I will be bringing forward legislation in 2015 to transpose EU Directive 2012/29 on the rights of victims in criminal proceedings. Among the provisions of the Directive is a requirement that victims be informed of the reasons, or a brief summary of the reasons, for a decision not to direct a prosecution in relation to the offence suffered by the victim. I am consulting with the Director of Public Prosecutions on an appropriate provision for the legislation which will give effect to the requirement of the Directive without impinging on the Director's independence in the exercise of her functions.

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