John O'Donoghue
Question:39 Mr. O'Donoghue asked the Minister for Justice the plans, if any, she has to establish a victims' charter; and if she will make a statement on the matter. [18427/96]
Ceisteanna — Questions. Oral Answers. - Victims' Charter.
The Government's policy agreement "A Government of Renewal" states that among specific measures included in a reform of the justice system will be a Charter for Victims of Crime. Work on such a charter has been ongoing and is nearing completion. It has involved the close co-operation and agreement of the Irish Association for Victim Support who have been assisting and advising my Department on its completion. Publication of the charter is expected in the near future.
Will the Minister accept it is absolutely necessary that the charter provides that a victim of crime be kept advised of the progress of a case? Will she accept also that the charter should include the right of a victim to be advised of the temporary release, or indeed escape, of a prisoner from one of our prisons?
Both these issues are matters that have been under discussion with the Association for Victim Support. I agree with the Deputy that, as far as possible, victims should be advised of the progress of any court case in which they have an interest where the person who may have been the perpetrator of some awful crime on them is being tried. Where possible, the Garda advise people who have been victims of crime if somebody is being released from prison. The Deputy will know from an earlier question that, because of the numbers involved, it is not possible for everybody to be thus notified. I accept if somebody escapes from prison, and the victim is identifiable, the victim should be notified, as far as possible, of that escape. I assume the Deputy has a particular case in mind and I accept it was unfortunate the person he may be thinking of was not informed that somebody had absconded from prison.
Will the Minister accept there is a need for victims to have the right to be informed in advance of any claim for compensation made by a prisoner against the State while in custody to give the victim an opportunity to seek to garnishee some or all of the award in compensation?
I am not sure I understand the import of the Deputy's question. Is the Deputy referring to a person who is in prison for any crime or for the crime associated with the victim making a claim? I am not clear in that regard.
If a prisoner in custody takes a claim against the State for compensation in relation to an event occurring in the prison, and if that person is awarded compensation, the victim of the original crime should have the right to be informed so that he or she, having been the original victim of a crime committed by that prisoner, may seek to garnishee some or all of that award in compensation.
That is a specific point on which I will have to get back to the Deputy because I do not know whether it arose in the consideration of the Victims' Charter. If the court fixes, as part of the penalty for a crime, that compensation be paid to a victim, it would be important, if money comes the way of the offender, for the court to ensure it is paid to the victim. I will give some thought to the matter. I cannot give the Deputy a specific answer now because I will have to consider the implications of notifying a victim about something that is independent of their association with that offender.
Recently there has been considerable criticism of sentences handed down by the courts. The criticism is often both illinformed and wrong. Would the Minister consider it to be in the interests of justice and the criminal justice system if victims were entitled to give evidence at the sentencing stage of a trial?
That is a separate question but I am aware the assessment of the damage done to victims can be made part of the trial during the appeal. Judges can ask for it to be made available if they are dealing with an appeal of sentence. Whether our law should say they are obliged to do so is a matter I will consider. Many victims of crime attend our courts and in that regard I will soon launch a series of information booklets — to which I invite Deputies O'Donoghue and O'Donnell — about our courts system as well as establishing an information desk, the first time such a consumer friendly facility will be available in our courts. That will be a useful benefit to victims of crime.
Is the Minister not aware that many victims feel totally isolated from the prosecution service, the office of the Director of Public Prosecutions? Would she not agree that the charter on which she is working should include that office, as happens in the UK where the Crown prosecution service has a victim liaison officer? The victim, who is reduced to the status of witness in criminal prosecutions, could in this way be kept informed of progress in a particular criminal prosecution rather than being isolated and left to hear from individual gardaí how a particular matter is being processed by the Chief State Solicitor's Office.
I will look at that idea before I finalise the victims' charter.