Ivor Callely
Question:94 Mr. Callely asked the Minister for Justice if she has received any submissions on rights for victims of crime; if she will publish a charter for victims of crime; and if she will make a statement on the matter.
Written Answers. - Victims of Crime Charter.
The Irish Association for Victim Support has produced a charter of victims rights and sought the assistance and co-operation of the Minister for Justice in having the proposals contained therein implemented.
I can inform the Deputy that progress has been made in regard to many of these proposals. For example the Garda Síochána maintain close contact with the IAVS. All gardaí have been instructed to inform victims of crime of the existence of the association and, from May 1992 there is an automatic referral system in areas where IAVS branches exist. In addition, the gardaí are instructed to give the injured party the name and telephone number of a garda who may be contacted by a crime victim for information or advice concerning their case. In cases where the injured party has reason to fear harassment or retaliation, the gardaí are instructed to inform the court so that this fact can be taken into account in any bail application. In the case of serious offences the gardaí are instructed to inform the crime victim if the accused has been granted bail.
A Garda freephone confidential telephone service, introduced in January 1992, affords the public an opportunity of contacting the Garda in a way which some may perhaps prefer. This service is widely promoted and I hope is of major assistance and encouragement to victims of crime.
Accommodation has been made available to the IAVS personnel in the Four Courts complex for their court witness support service. Similarly, accommodation is available to the association, when required, in the new Courthouse in Dún Laoghaire and the refurbished Courthouse in Letterkenny. A witness waiting room has been provided in the Childrens Court in Smithfield.
The Criminal Evidence Act, 1992 requires the provision of an audio-visual system in certain cases including sexual offences, to enable witnesses under 17 years to give evidence and to be cross examined outside of the courtroom setting. The closed circuit television system, which is being introduced on a pilot basis in the Four Courts and later in two provincial courts, provides an audio-visual link between the courtroom and a separate witness room thereby allowing court proceedings to be conducted as if a witness were giving evidence in the Courtroom itself.
The scheme of civil legal aid and advice contains provisions whereby legal advice and aid in certain circumstances may be granted to persons who have been the victims of crime and who fulfil the eligibility and other criteria of the scheme.
The Criminal Justice Bill, 1992 would require courts, when determining the sentence to be imposed for a sexual offence or an offence involving violence or the threat of violence, to take into account and, where necessary, to receive evidence submissions, concerning any effect — including any long term effect — of the offence on the victim. The Bill also would give courts a general power to require offenders to pay compensation for any resulting personal injury or loss. This Bill, which lapsed on the dissolution of the Dáil, will be reintroduced in the next week or so with certain amendments which are now under consideration.
The Voluntary Health Insurance Board has amended its scheme to permit the reimbursement of medical expenses incurred as a result of injuries criminally inflicted.
The annual grant-in-aid provided to the IAVS by my Department has been more than doubled in the period since 1990. Exchequer funding continues to be provided through my Department to the Criminal Injuries Compensation Tribunal for payment of compensation in respect of personal injury where the injury is directly attributable to a crime of violence.
A major conference organised under the auspices of my Department, in October 1992, dealt with the issue of violence against women. A week-end seminar on the same subject is planned for the Garda College, Templemore in July this year.
I am of the opinion that voluntary bodies such as the IAVS which have experience and a good record in the provision of victim services are best placed to promote the case for establishing victims rights. I can assure the Deputy that the Garda, courts and other services under the aegis of my Department will continue to support, insofar as is possible, the work of the voluntary bodies involved in the provision of victim support services.